Decoma (UK) Ltd v Haden Drysys International Ltd

Decoma (UK) Ltd v Haden Drysys International Ltd

The claimant has an arguable case on the interpretation of Articles 11.1, 11.3, and 12.4, and the subsequent events do not render the appeal academic; therefore, permission to appeal is granted.

Parties
Claimant/applicant: Decoma (UK) Limited (formerly known as Conix UK Limited); Defendant/respondent: Haden Drysis International Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application allowed
Legal Topics
Interpretation of Contract Clauses, Damages, Termination of Contract, Limitation of Liability
Contract Law Construction Law Interpretation of Contract Clauses Damages Termination of Contract Limitation of Liability

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Parties

Decoma (UK) Limited (formerly known as Conix UK Limited)

Claimant/applicant

Haden Drysis International Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether a claim under Article 11.1 and Article 11.3 can be brought before the final completion or acceptance date
  2. 2 Whether claims under Article 11.3 are subject to the cap in Article 12.4
  3. 3 Whether the cap in the last sentence of Article 12.4 applies if the first cap does not

Ratio Decidendi

The claimant has an arguable case on the interpretation of Articles 11.1, 11.3, and 12.4, and the subsequent events do not render the appeal academic; therefore, permission to appeal is granted.

Court Disposition

application allowed

Orders

  • permission to appeal granted