Leicester Circuits Ltd. v Coates Brothers Plc
Leicester failed to prove on a balance of probabilities that the T4 ink was unfit for its purpose or that their losses were caused by such unfitness. The evidence showed intermittent and varying problems, with expert evidence suggesting processing issues were more likely to blame. The judge's reasoning was flawed, and the appeal was allowed.
- Parties
- Claimant/respondent: Leicester Circuits Ltd; Defendant/appellant: Coates Brothers Plc
- Jurisdiction
- England and Wales
- Judgment Date
- 05 March 2003
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment on Appeal From High Court
- Outcome
- Appeal allowed; cross-appeal dismissed
- Legal Topics
- Fitness for Purpose, Breach of Contract, Exclusion Clauses, Damages, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Leicester Circuits Ltd
Claimant/respondent
Coates Brothers Plc
Defendant/appellant
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Legal Issues
- 1 Whether the T4 ink supplied by Coates was unfit for its purpose under the contract with Leicester
- 2 Whether Leicester proved on a balance of probabilities that their losses were caused by the unfitness of the ink
- 3 Whether exclusion clauses in Coates' terms of business excluded liability for loss of profit and other damages
Ratio Decidendi
Leicester failed to prove on a balance of probabilities that the T4 ink was unfit for its purpose or that their losses were caused by such unfitness. The evidence showed intermittent and varying problems, with expert evidence suggesting processing issues were more likely to blame. The judge's reasoning was flawed, and the appeal was allowed.
Court Disposition
Appeal allowed; cross-appeal dismissed
Orders
- Leicester to pay Coates’ costs up to 1st January 2002; no order for costs thereafter
- Leicester to pay Coates’ costs of the appeal
Full Case Text
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