Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors

Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors

Canon breached the unit sale obligation but no quantifiable business impact was proved, resulting in nominal damages; costs orders reflect general success, and permission to appeal is refused due to lack of real prospect of success.

Source-derived case information.

Parties
Claimant: Canon Medical Systems Limited; Defendant: The Imaging Centre Assets Limited; Defendant: The Imaging Centre Mobile Limited; Defendant: TIC Mobile Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Claim / Post Trial Judgment and Costs Ruling
Outcome
Claimant to pay first and third defendants' costs except for unit sale claim; first and third defendants to pay claimant's costs of unit sale claim; costs liabilities set off and subject to detailed assessment if not agreed; permission to appeal refused.
Legal Topics
Unit Sale Obligation, Anti Competitive Behaviour, Injunctive Relief, Costs Assessment, Set Off of Warranty/servicing Charges, Permission to Appeal
Commercial Law Contract Law Competition Law Unit Sale Obligation Anti Competitive Behaviour Injunctive Relief Costs Assessment Set Off of Warranty/servicing Charges +1 more

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Summary, issues, holding and outcome

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Parties

Canon Medical Systems Limited

Claimant

The Imaging Centre Assets Limited

Defendant

The Imaging Centre Mobile Limited

Defendant

TIC Mobile Limited

Defendant

Procedural Posture

Commercial Claim / Post Trial Judgment and Costs Ruling

Legal Issues

  1. 1 Whether Canon breached unit sale obligations under the Master Agreement
  2. 2 Whether anti-competitive behaviour caused quantifiable business impact
  3. 3 Appropriateness of injunctive relief and its provisos

Ratio Decidendi

Canon breached the unit sale obligation but no quantifiable business impact was proved, resulting in nominal damages; costs orders reflect general success, and permission to appeal is refused due to lack of real prospect of success.

Court Disposition

Claimant to pay first and third defendants' costs except for unit sale claim; first and third defendants to pay claimant's costs of unit sale claim; costs liabilities set off and subject to detailed assessment if not agreed; permission to appeal refused.

Orders

  • Claimant to pay first and third defendants' costs of claims and counterclaims except unit sale claim.
  • First and third defendants to pay claimant's costs of unit sale claim.