PCB Media Ltd v Kolocraft Ltd [2002] EWCA Civ 1910 (12 December 2002)
The judge was entitled to find, based on uncontradicted evidence, that an oral agreement existed for maintenance services at 10% of equipment value, and to assess damages on available evidence with a discount for uncertainty; the written agreement did not override the oral agreement for equipment not listed in the schedule.
- Citation
- [2002] EWCA Civ 1910
- Parties
- Claimant/respondent: PCB Media Limited; Defendant/applicant: Kolorcraft Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 12 December 2002
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Oral Contracts, Maintenance Agreements, Limitation of Actions, Assessment of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
PCB Media Limited
Claimant/respondent
Kolorcraft Limited
Defendant/applicant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether there was a contractual entitlement to payment for maintenance services
- 2 Whether the claimant proved loss in the amount awarded
Ratio Decidendi
The judge was entitled to find, based on uncontradicted evidence, that an oral agreement existed for maintenance services at 10% of equipment value, and to assess damages on available evidence with a discount for uncertainty; the written agreement did not override the oral agreement for equipment not listed in the schedule.
Court Disposition
Application for permission to appeal refused
Orders
- Permission to appeal refused
Full Case Text
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