Leicester Circuits Ltd v Coates Brothers Plc [2002] EWCA Civ 474 (20 March 2002)

Leicester Circuits Ltd v Coates Brothers Plc [2002] EWCA Civ 474 (20 March 2002)

Permission to appeal and cross-appeal granted as the grounds are arguable, but stay of execution refused because the claimants are entitled to judgment and there is sufficient evidence they can repay if required; the risk to the defendant does not outweigh the claimant's entitlement to the judgment sum.

Source-derived case information.

Citation
[2002] EWCA Civ 474
Parties
Claimant/respondent: Leicester Circuits Limited; Defendant/applicant: Coates Brothers PLC
Jurisdiction
England and Wales
Judgment Date
20 March 2002
Procedural Posture
Civil Appeal / Permission to Appeal and Stay of Execution Application
Outcome
Permission to appeal and cross-appeal granted; stay of execution refused.
Legal Topics
Fitness for Purpose, Implied Terms, Stay of Execution, Burden of Proof, Damages, Costs, Cross Appeal
Contract Law Commercial Law Fitness for Purpose Implied Terms Stay of Execution Burden of Proof Damages Costs +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Leicester Circuits Limited

Claimant/respondent

Coates Brothers PLC

Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal and Stay of Execution Application

Legal Issues

  1. 1 Whether T4 ink supplied by defendant was fit for purpose under contract
  2. 2 Whether damages awarded were correct
  3. 3 Whether stay of execution should be granted pending appeal

Ratio Decidendi

Permission to appeal and cross-appeal granted as the grounds are arguable, but stay of execution refused because the claimants are entitled to judgment and there is sufficient evidence they can repay if required; the risk to the defendant does not outweigh the claimant's entitlement to the judgment sum.

Court Disposition

Permission to appeal and cross-appeal granted; stay of execution refused.

Orders

  • Permission to appeal granted to defendant.
  • Permission to cross-appeal granted to claimant.