Pharmapac UK Ltd v Elev8 Global Ltd & Anor

Pharmapac UK Ltd v Elev8 Global Ltd & Anor

The First Defendant is liable for breach of contract for supplying counterfeit face masks. The Second Defendant is not personally liable as fraudulent misrepresentation was not established; his conduct amounted to gross carelessness but not fraud.

Parties
Claimant: Pharmapac UK Ltd; First Defendant: Elev8 Global Ltd; Second Defendant: Ajay Patel
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Claim for Breach of Contract and Fraudulent Misrepresentation / Judgment After Trial
Outcome
Claim against First Defendant succeeds; claim against Second Defendant dismissed.
Legal Topics
Breach of Contract, Fraudulent Misrepresentation, Damages, Personal Liability of Company Director
Contract Law Commercial Law Tort Law Breach of Contract Fraudulent Misrepresentation Damages Personal Liability of Company Director

Case Brief

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Parties

Pharmapac UK Ltd

Claimant

Elev8 Global Ltd

First Defendant

Ajay Patel

Second Defendant

Procedural Posture

Commercial Claim for Breach of Contract and Fraudulent Misrepresentation / Judgment After Trial

Legal Issues

  1. 1 Whether the First Defendant breached contract by supplying counterfeit goods
  2. 2 Whether the Second Defendant is personally liable for fraudulent misrepresentation
  3. 3 Assessment of damages due to the Claimant

Ratio Decidendi

The First Defendant is liable for breach of contract for supplying counterfeit face masks. The Second Defendant is not personally liable as fraudulent misrepresentation was not established; his conduct amounted to gross carelessness but not fraud.

Court Disposition

Claim against First Defendant succeeds; claim against Second Defendant dismissed.

Orders

  • Judgment for the Claimant against the First Defendant for £1,596,000 (purchase price) and £21,141.12 (warehousing costs)
  • Claim against the Second Defendant dismissed