Euler Hermes UK Plc v Apple Computer BV [2006] EWCA Civ 375 (04 April 2006)

Euler Hermes UK Plc v Apple Computer BV [2006] EWCA Civ 375 (04 April 2006)

The settlement agreement between Euler and Apple, properly construed, required Apple to pursue its claim against Jeraisy, by legal proceedings if necessary, to establish its right to recover the debts. Apple's failure to do so was a breach of the agreement, entitling Euler to recover the amount paid under the settlement as damages. Euler did not fail to mitigate its loss by not pursuing subrogated proceedings in Apple's name.

Citation
[2006] EWCA Civ 375
Parties
Claimant/appellant: Euler Hermes UK plc; Defendant/respondent: Apple Computer BV
Jurisdiction
England and Wales
Judgment Date
04 April 2006
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal allowed. Judgment for the appellant.
Legal Topics
Interpretation of Settlement Agreements, Obligations Under Insurance Policies, Breach of Contract, Mitigation of Loss, Subrogation
Contract Law Insurance Law Commercial Law Interpretation of Settlement Agreements Obligations Under Insurance Policies Breach of Contract Mitigation of Loss Subrogation

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Parties

Euler Hermes UK plc

Claimant/appellant

Apple Computer BV

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether the settlement agreement required Apple to pursue legal proceedings against Jeraisy to recover the debt
  2. 2 Whether Apple breached the settlement agreement by failing to pursue such proceedings
  3. 3 Whether Euler was entitled to recover damages for breach of the settlement agreement

Ratio Decidendi

The settlement agreement between Euler and Apple, properly construed, required Apple to pursue its claim against Jeraisy, by legal proceedings if necessary, to establish its right to recover the debts. Apple's failure to do so was a breach of the agreement, entitling Euler to recover the amount paid under the settlement as damages. Euler did not fail to mitigate its loss by not pursuing subrogated proceedings in Apple's name.

Court Disposition

Appeal allowed. Judgment for the appellant.

Orders

  • Judgment for Euler Hermes UK plc in the sum of US$410,954.66.