7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| THE MAGIC SEEDER CO. LIMITED
|- and -
|HAMBLE DISTRIBUTION LIMITED
Ian Morris of Kuits Steinart Levy LLP for the Defendant
Crown Copyright ©
His Honour Judge Birss QC :
i) There is a contradiction between the figures of 428 and 620 for lost sales. They cannot both be right.
ii) The assertion of a lost customer cannot be tested in a proportionate way and so the court should adopt the defendant's approach to the calculations.
iii) The original settlement is not a sound basis to determine a reasonable royalty.