Our client, the wholly owned subsidiary of the UK arm of Netherlands-based Zwanenberg Food Group, manufactures food products for the B2B sector.
This matter concerned the breach of an exclusivity agreement by the defendant, a food delivery company, who awarded other parties around £7m worth of contracts in breach of the contract with our client. Our claim was based on the loss of profit arising from the repudiatory breach alleged by our client.
The contract was cross-border, and therefore involved questions about governing law and jurisdiction. It also raised complex legal questions about contractual interpretation, including the applicability of the Braganza duty (an implied obligation to act rationally when exercising contractual discretion) in respect of certain of our client’s rights in the contract.
Proceedings were issued in the High Court, but the claim was settled ahead of trial on favourably for our client on confidential terms.
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