COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BIRMINGHAM MERCANTILE COURT
Her Honour Judge Alton sitting as a Judge of the High Court
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE JACKSON
LORD JUSTICE TOMLINSON
| Acre 1127 Limited
Formerly known as Castle Galleries Limited
|- and -
|De Montfort Fine Art Limited
Hearing dates : 8-10 November 2010
Crown Copyright ©
Lord Justice Tomlinson :
"The appropriate profit margin and the spread of the order between different types of artwork (which attracted different pricing and discounts) applied by De Montfort to the gross figure of £250,000 per quarter is the same as that adopted by Castle for the purposes of its counterclaim and are no longer in dispute. The figure before further deduction is £1,147,072.01, there being no award in respect of the Catalogue Order for the reasons stated above. De Montfort has conceded that it is appropriate to discount that figure by 10% to allow for Castle's permitted percentage return by value set out in the Supply Agreement.
. . .
De Montfort is entitled to judgment in the sum of £1,032,364.81 together with interest thereon . . ."
The Part 36 Offer
The order in respect of interest and costs below
The costs of the appeal
Permission to appeal
(1) the impact of dishonesty upon a contractual relationship
(2) the impact upon a long-term contract of difficulties of performance in the early stages, and
(3) the question whether a party's intention to perform is relevant to the assessment of loss.