Quantum: Double G Communications Limited -v- News Group International Limited  EWHC 961
Written by Paul Bicknell on 24 May 2011« Return to Reading Room
The court found that:
There was a submission made by Double G that it was hampered in its sale efforts up to the date of termination by NG's failure to "engage with its marketing obligations". However, there was no evidence before the judge to allow a decision to be made.
The methodology of the experts in assessing damages was questioned. The court opined that future loss should be assessed on available sales figures for "middle ranking" board games.
The court found that the assessment would be based on the three year agreement where at the start of that period there would be a benign surge of sales which would eventually slow down before prices were lowered. Double G's estimated sales figures were estimated as at 6,500 units at £24.99 per unit (year 1); 3,500 units at £19.99 per unit (year 2) and 2,500 at £14.99 per unit (year 3).
It is important when reviewing a claim for damages which includes future loss that perspective market conditions be taken into account, as was the case in the above claim.
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