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Balmoral Group Limited v Borealis (UK) Ltd

1st Jan 2012

David Allen, Charles Holroyd and Benjamin Parker were involved in this leading case on the seller’s obligations as to the quality of goods supplied under international sale contracts.

One of the largest product liability cases in the Commercial Court, David Allen Q.C. led Charles Holroyd for the Defendants, successfully defending a claim exceeding £50 million plus costs. The case concerned the international Sale of Goods, deciding UCTA reasonableness, whether goods at a holding depot were in the course of international carriage, applicability of UCTA to a foreign law contract, inter-relationship of sections 14(2) and 14(3) UCTA, incorporation of standard terms and conditions after trading has commenced, remoteness of damage when loss is increased by a subsequent change in legislation, evidence required to prove corporate losses.