Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021] EWCA Civ 1399 (24 September 2021)

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021] EWCA Civ 1399 (24 September 2021)

It was premature to make any decision on entitlement to exemplary damages before liability in tort and the amount of compensatory damages were determined. The parties agreed to set aside the order for exemplary damages and dismiss the claim for exemplary damages.

Source-derived case information.

Citation
[2021] EWCA Civ 1399
Parties
Respondent/claimant: Global Display Solutions Limited; Respondent/claimant: GDS Technology Limited; Respondent/claimant: Global Display Solutions SPA; Respondent/claimant: Global Display Solutions (Suzhou) Co Limited; Appellant/defendant: NCR Financial Solutions Group Limited; Appellant/defendant: NCR Solutions Limited; Appellant/defendant: NCR Corporation
Jurisdiction
England and Wales
Judgment Date
24 September 2021
Procedural Posture
Appeal / Appeal From Preliminary Issues Judgment in High Court, Commercial Court
Outcome
Appeal allowed by consent; claim for exemplary damages dismissed.
Legal Topics
Exemplary Damages, Breach of Contract, Deceit, Construction of Settlement Agreements
Commercial Law Contract Law Tort Law Exemplary Damages Breach of Contract Deceit Construction of Settlement Agreements

Source-derived case record

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Global Display Solutions Limited

Respondent/claimant

GDS Technology Limited

Respondent/claimant

Global Display Solutions SPA

Respondent/claimant

Global Display Solutions (Suzhou) Co Limited

Respondent/claimant

NCR Financial Solutions Group Limited

Appellant/defendant

NCR Solutions Limited

Appellant/defendant

NCR Corporation

Appellant/defendant

Procedural Posture

Appeal / Appeal From Preliminary Issues Judgment in High Court, Commercial Court

Legal Issues

  1. 1 Whether the Letter Agreement precluded all of the claimants' claims including fraud
  2. 2 Whether exemplary damages could be awarded before liability in tort and compensatory damages were determined

Ratio Decidendi

It was premature to make any decision on entitlement to exemplary damages before liability in tort and the amount of compensatory damages were determined. The parties agreed to set aside the order for exemplary damages and dismiss the claim for exemplary damages.

Court Disposition

Appeal allowed by consent; claim for exemplary damages dismissed.

Orders

  • Order setting aside the judge's order for exemplary damages in principle.
  • Claim for exemplary damages dismissed by consent.