Errington v David Brown Gear Systems Ltd
Citation:  EWHC 4255 (TCC)
The Claimants are assignees of a company which supplied steel components for use in domestic and international railway rolling stock. The Assignor engaged the Defendants to heat treat the components. The Defendants are alleged to have failed to treat the components in accordance with the contractual specification. The Assignor sustained losses including loss of future business on supply contracts of the components. The Defendants applied for summary judgment on the claim for loss of profits. The application raised issues on assignment, contractual interpretation, evidence and remoteness of damage.
Counsel: Tom Owen appeared for the Claimants and successfully resisted the application.