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Manage your damages expectations! Says the Commercial Court

23 July 2014

The Commercial Court recently dampened the Fiat car group's hopes of receiving a loss of profits pay out from Lotus by dismissing its application for summary judgment on a claim for repudiatory breach of contract[1].

In so doing, the Commercial Court confirmed that when assessing damages, a defendant will only be required to fulfil the minimum contractual obligations and a claimant will not get more than they bargained for.   The case serves as a useful reminder of the difference between contractual termination and termination for repudiatory breach. To read the full facts of the case and commentary, please click here.

[1]  Comau UK Limited v Lotus Lightweight Structures Limited [2014] EWHC (Comm)