Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret VE Sanati A.S (Goknur) v Organic Village Ltd [2019]

Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret VE Sanati A.S (Goknur) v Organic Village Ltd [2019] EWHC 2201 (QB) — 12 August 2019 (Mr Martin Chamberlain QC)

“In 2010 Goknur and OV entered an agreement whereby OV would purchase from Goknur 'not from concentrate' ('NFC') fruit juice for a period of 3 years. The following year, OV claimed that some batches did not comply with the NFC description and sought damages, including for loss of profit, on the basis of both breach of contract and misrepresentation. The Court found that the juice at the time of supply did not meet the 'NFC' requirement, placing Goknur in breach of contract. However, the misrepresentation claim failed, the judge finding that it was an innocent misrepresentation, and remarking that anyway tortious damages would not extend to loss of profit. The loss of profit claim also failed on the contractual basis, the judge finding that unavailability to OV of an alternative source of NFC juice (of particular provenance) for its customers was not within the contemplation of the parties.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
14th August 2019