Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK)

Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK)

The appeal was dismissed because Activa failed to establish that the contracts were void for illegality, as the issue was not properly pleaded or tried, and the evidence did not show the goods were unfit for purpose or that PSSL failed to mitigate damages by refusing redelivery.

Parties
Defendant/appellant: Activa DPS Europe S. A. R. L.; Claimant/respondent: Pressure Seal Solutions Limited T/A Welltec System (UK)
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sale of Goods, Fitness for Purpose, Illegality, Mitigation of Damages, European Union Law, Electromagnetic Compatibility Regulations
Contract Law Commercial Law Sale of Goods Fitness for Purpose Illegality Mitigation of Damages European Union Law Electromagnetic Compatibility Regulations

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Parties

Activa DPS Europe S. A. R. L.

Defendant/appellant

Pressure Seal Solutions Limited T/A Welltec System (UK)

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether goods supplied were fit for purpose under implied terms of contract
  2. 2 Whether contracts were void for illegality due to non-compliance with Electromagnetic Compatibility Regulations 2006
  3. 3 Whether claimant failed to mitigate damages by refusing to accept redelivery of unsold goods

Ratio Decidendi

The appeal was dismissed because Activa failed to establish that the contracts were void for illegality, as the issue was not properly pleaded or tried, and the evidence did not show the goods were unfit for purpose or that PSSL failed to mitigate damages by refusing redelivery.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend defence to plead illegality refused
  • Judgment for Pressure Seal Solutions Limited in the sum of €64,699.09 plus interest upheld