Kudos Catering (UK) Ltd v Manchester Central Convention [2012] EWHC 1192 (QB) (19 April 2012)

Kudos Catering (UK) Ltd v Manchester Central Convention [2012] EWHC 1192 (QB) (19 April 2012)

Clause 18.6 of the agreement is clear and unambiguous and excludes any or all liability for the claimant's loss of profits, including those arising from breach or termination of the contract.

Citation
[2012] EWHC 1192
Parties
Applicant/claimant: Kudos Catering (UK) Limited; Respondent/defendant: Manchester Central Convention Complex Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2012
Procedural Posture
Commercial Contract Dispute / Trial of Preliminary Issue
Outcome
Declaration in favour of the defendant
Legal Topics
Exclusion Clauses, Damages for Breach of Contract, Loss of Profits, Contract Interpretation
Contract Law Exclusion Clauses Damages for Breach of Contract Loss of Profits Contract Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kudos Catering (UK) Limited

Applicant/claimant

Manchester Central Convention Complex Limited

Respondent/defendant

Procedural Posture

Commercial Contract Dispute / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether clause 18.6 of the agreement excludes liability for the claimant's loss of profits arising from unlawful termination or repudiatory breach

Ratio Decidendi

Clause 18.6 of the agreement is clear and unambiguous and excludes any or all liability for the claimant's loss of profits, including those arising from breach or termination of the contract.

Court Disposition

Declaration in favour of the defendant

Orders

  • On proper construction of clause 18.6 of the agreement, any or all liability for the claimant's loss of profits is excluded.