Co-Operative Group (CWS) Ltd v International Computers Ltd

Co-Operative Group (CWS) Ltd v International Computers Ltd

The trial was fundamentally unfair because the judge made findings of bad faith and dishonesty against CWS and its witnesses without these being pleaded or put to them, and relied on these findings throughout his judgment, distorting his objectivity and tainting the entire decision. The only remedy is a re-trial.

Parties
Appellant: Co-operative Group (CWS) Ltd.; Respondent: International Computers Ltd.
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed; re-trial ordered
Legal Topics
Repudiatory Breach, Misrepresentation, Fair Trial, Damages, Contract Formation
Contract Law Civil Procedure Repudiatory Breach Misrepresentation Fair Trial Damages Contract Formation

Case Brief

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Parties

Co-operative Group (CWS) Ltd.

Appellant

International Computers Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial was unfair due to the judge's findings and approach
  2. 2 Whether there was a contract between CWS and ICL for the Globalstore project
  3. 3 Whether ICL repudiated any contract with CWS

Ratio Decidendi

The trial was fundamentally unfair because the judge made findings of bad faith and dishonesty against CWS and its witnesses without these being pleaded or put to them, and relied on these findings throughout his judgment, distorting his objectivity and tainting the entire decision. The only remedy is a re-trial.

Court Disposition

Appeal allowed; re-trial ordered

Orders

  • Appeal allowed
  • Costs reserved to the trial judge