An appeal against a decision not to award summary judgment. The issue was whether the Appellant was entitled to bring an action for the price of goods under a contract of sale, or was limited to an action for damages for breach of contract.
The appeal was allowed in part. The Court of Appeal dismissed the appeal against summary judgment, but ordered that certain paragraphs of the defence be struck out.
Michael Trim appeared for the Appellant, instructed by Herbert Smith Freehills.
Mei Ying Barnes (led by Mark Martin QC) appeared for the Respondent, instructed by Mills Oakley.
The judgment can be viewed here.