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 in excluding any liability for loss of profits, whether arising in contract, tort, or otherwise, including for breach or termination. There is only one possible interpretation of the clause, and it must be applied as written. The claimant's claim for loss of profits is therefore contractually excluded.

Citation
[2012] EWHC 1192 (QB)
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 granted in favour of the defendant on the preliminary issue.
Legal Topics
Exclusion Clauses, Damages for Breach of Contract, Interpretation of Commercial Contracts, Repudiatory Breach, Loss of Profits
Contract Law Exclusion Clauses Damages for Breach of Contract Interpretation of Commercial Contracts Repudiatory Breach Loss of Profits

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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 the defendant's alleged repudiatory breach and unlawful termination of the contract.

Ratio Decidendi

Clause 18.6 of the agreement is clear and unambiguous in excluding any liability for loss of profits, whether arising in contract, tort, or otherwise, including for breach or termination. There is only one possible interpretation of the clause, and it must be applied as written. The claimant's claim for loss of profits is therefore contractually excluded.

Court Disposition

Declaration granted in favour of the defendant on the preliminary issue.

Orders

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