Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd

Sony proved on the balance of probabilities that it lost the sales in question and did not recoup its profit through replacement sales. The evidential burden to show otherwise rested on Cinram, who failed to discharge it. Sony is entitled to recover the discounted sale price to Game as damages.

Parties: Claimant/respondent: Sony Computer Entertainment UK Limited; Appellant/defendant: Cinram Logistics UK Limited
Jurisdiction: England and Wales
Judgment Date: 08 August 2008
Procedural Posture: Civil Appeal / Appeal From Commercial Court on Assessment of Damages
Outcome: Appeal dismissed
Legal Topics: Damages for Loss of Goods, Burden of Proof in Damages, Mitigation of Loss, Sale of Goods, Bailment, Negligence

Contract Law Tort Law Commercial Law Damages for Loss of Goods Burden of Proof in Damages Mitigation of Loss Sale of Goods Bailment +1 more

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Parties

Sony Computer Entertainment UK Limited

Claimant/respondent

Cinram Logistics UK Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Commercial Court on Assessment of Damages

Legal Issues

1 Whether Sony is entitled to recover the sale price or only the replacement cost of stolen goods from Cinram
2 On whom lies the burden of proof regarding loss of profit or mitigation by replacement sales

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Sony entitled to recover the net value (discounted sale price) of the lost memory cards from Cinram