Kudos Catering (UK) Ltd v Manchester Central Convention

Kudos Catering (UK) Ltd v Manchester Central Convention

Clause 18.6 of the agreement is clear and unambiguous and excludes any liability for loss of profits, including those claimed by the claimant as a result of the alleged repudiatory breach or unlawful termination. There is only one possible interpretation of the clause, and it must be applied as written.

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
Legal Topics
Exclusion Clauses, Damages for Breach of Contract, Interpretation of Contracts
Contract Law Exclusion Clauses Damages for Breach of Contract Interpretation of Contracts

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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 alleged repudiatory breach or unlawful termination

Ratio Decidendi

Clause 18.6 of the agreement is clear and unambiguous and excludes any liability for loss of profits, including those claimed by the claimant as a result of the alleged repudiatory breach or unlawful termination. There is only one possible interpretation of the clause, and it must be applied as written.

Court Disposition

Declaration granted in favour of the defendant

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.