Anglo Group plc, Winther Brown & Co Ltd v. Winter Brown & Co Ltd, BML (Office Computers) Ltd, Anglo Group plc, BML (Office Computers) Ltd [2000] EWHC Technology 127 (8th March, 2000)

Anglo Group plc, Winther Brown & Co Ltd v. Winter Brown & Co Ltd, BML (Office Computers) Ltd, Anglo Group plc, BML (Office Computers) Ltd [2000] EWHC Technology 127 (8th March, 2000)

The court found that while there were defects and delays in the computer system supplied by BML, many issues were minor, some were caused by Winther Browne's own actions or reluctance to adapt, and BML made genuine efforts to resolve problems. The court held that the termination of the leasing agreement by Anglo was valid, that the damages claimed by Anglo were not a penalty, and that the contractual exclusions of liability were reasonable and enforceable. The majority of Winther Browne's claims for damages were not substantiated or were excessive. The representations made by BML did not amount to actionable misrepresentations.

Citation
[2000] EWHC Technology 127
Parties
Defendant and Claimant by Counterclaim: Winther Browne & Co Limited; Second Defendant and Defendant by Counterclaim: BML (Office Computers) Limited; Claimant and First Defendant by Counterclaim: Anglo Group PLC
Jurisdiction
England and Wales
Procedural Posture
Commercial Contract Dispute / Judgment After Trial
Outcome
Claims by Winther Browne dismissed; Anglo's claim for damages upheld; BML not liable for alleged losses.
Legal Topics
Breach of Contract, Misrepresentation, Fitness for Purpose, Penalty Clauses, Damages, Unfair Contract Terms
Contract Law Commercial Law IT Law Breach of Contract Misrepresentation Fitness for Purpose Penalty Clauses Damages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Winther Browne & Co Limited

Defendant and Claimant by Counterclaim

BML (Office Computers) Limited

Second Defendant and Defendant by Counterclaim

Anglo Group PLC

Claimant and First Defendant by Counterclaim

Procedural Posture

Commercial Contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the computer system supplied was defective and failed to meet contractual requirements
  2. 2 Whether the termination of the leasing agreement by Anglo was valid
  3. 3 Whether the damages claimed by Winther Browne are recoverable

Ratio Decidendi

The court found that while there were defects and delays in the computer system supplied by BML, many issues were minor, some were caused by Winther Browne's own actions or reluctance to adapt, and BML made genuine efforts to resolve problems. The court held that the termination of the leasing agreement by Anglo was valid, that the damages claimed by Anglo were not a penalty, and that the contractual exclusions of liability were reasonable and enforceable. The majority of Winther Browne's claims for damages were not substantiated or were excessive. The representations made by BML did not amount to actionable misrepresentations.

Court Disposition

Claims by Winther Browne dismissed; Anglo's claim for damages upheld; BML not liable for alleged losses.

Orders

  • Winther Browne to pay damages to Anglo as claimed under the leasing agreement.
  • Winther Browne's counterclaim against BML dismissed.