Decoma (UK) Ltd v Haden Drysys International Ltd [2005] EWCA Civ 1484 (14 November 2005)

Decoma (UK) Ltd v Haden Drysys International Ltd [2005] EWCA Civ 1484 (14 November 2005)

The claimant has an arguable case on the interpretation of Articles 11.1, 11.3, and 12.4, and the subsequent events do not render the appeal academic or without practical force. Permission to appeal is therefore granted.

Citation
[2005] EWCA Civ 1484
Parties
Claimant/applicant: Decoma (UK) Limited (formerly known as Conix UK Limited); Defendant/respondent: Haden Drysis International Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court (technology and Construction Court) to Court of Appeal
Outcome
Application for permission to appeal allowed
Legal Topics
Interpretation of Contract Clauses, Limitation of Liability, Remedies for Breach, Termination of Contract
Contract Law Construction Law Interpretation of Contract Clauses Limitation of Liability Remedies for Breach Termination of Contract

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Parties

Decoma (UK) Limited (formerly known as Conix UK Limited)

Claimant/applicant

Haden Drysis International Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (technology and Construction Court) to Court of Appeal

Legal Issues

  1. 1 Whether a claim under Article 11.1 and Article 11.3 can be brought before the final completion or acceptance date
  2. 2 Whether claims under Article 11.3 are subject to the cap in Article 12.4
  3. 3 Whether the cap in the last sentence of Article 12.4 applies if the first cap does not

Ratio Decidendi

The claimant has an arguable case on the interpretation of Articles 11.1, 11.3, and 12.4, and the subsequent events do not render the appeal academic or without practical force. Permission to appeal is therefore granted.

Court Disposition

Application for permission to appeal allowed

Orders

  • Permission to appeal granted