Euler Hermes UK Plc v Apple Computer BV

Euler Hermes UK Plc v Apple Computer BV

The settlement agreement required Apple to pursue its claim against Jeraisy, by legal proceedings if necessary, to the point of establishing its right to recover the debts. Apple’s failure to do so was a breach of contract, entitling Euler to recover the full settlement sum as damages. Euler was not required to mitigate its loss by taking subrogated proceedings in Apple’s name.

Parties
Claimant/appellant: Euler Hermes UK plc; Defendant/respondent: Apple Computer BV
Jurisdiction
England and Wales
Judgment Date
04 April 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed; judgment for appellant
Legal Topics
Credit Insurance, Settlement Agreements, Policy Interpretation, Damages for Breach of Contract, Duty to Mitigate Loss
Insurance Law Contract Law Credit Insurance Settlement Agreements Policy Interpretation Damages for Breach of Contract Duty to Mitigate Loss

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Parties

Euler Hermes UK plc

Claimant/appellant

Apple Computer BV

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

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 take such proceedings
  3. 3 Whether Euler was entitled to recover damages for breach of the settlement agreement

Ratio Decidendi

The settlement agreement required Apple to pursue its claim against Jeraisy, by legal proceedings if necessary, to the point of establishing its right to recover the debts. Apple’s failure to do so was a breach of contract, entitling Euler to recover the full settlement sum as damages. Euler was not required to mitigate its loss by taking subrogated proceedings in Apple’s name.

Court Disposition

appeal allowed; judgment for appellant

Orders

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