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Transafrik International Ltd v Venus Corporation Ltd
29 July 2008
B P Collins successfully acted for the claimant (Transafrik International Limited) who brought proceedings to recover damages arising as a result of the defendant's breach of contract. One of the aircraft in the claimant's fleet was involved in an accident in Kenya, and the defendant was engaged to repair the aircraft, a highly technical and specialist undertaking. Despite defending the proceedings, B P Collins successfully argued that the Defendant was fully liable for the failure of the repairs.
An existing point of law was reinforced at the damages hearing, with the Court confirming that the burden is on a claimant to prove its damages even if a defendant does not seek to challenge the damages sum sought. B P Collins established, on the evidence, that its client had lost US$109,000 per month in revenue and diminution in value of the aircraft was assessed at US$5 million. The Court awarded a judgment sum of US$7,839,446.80 and costs"
David Pritchard, partner in the Litigation and dispute resolution team comments; "This is an excellent victory for our client who is a leader in its field in respect of Hercules aircraft, and who is an important player in the distribution of aid for agencies such as the UN World Food Programme in Africa and the Middle East. This decision by the Court shows that the repairs performed on its aircraft the subject matter of the proceedings were overwhelmingly inadequate, and this sentiment was reflected in the high judgment sum obtained against the Defendant at the damages hearing".
The team:
David Pritchard, Partner
Rebecca Samuel, Associate
