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13 May 2010
Issue: 7417 / Categories: Case law , Law digest
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Contract

Durham Tees Valley Airport Ltd v BMIBaby Ltd and another [2010] EWCA Civ 485, [2010] All ER (D) 57 (May)

In circumstances where the parties had entered into an agreement in which they had not specified to what extent their obligations should be performed, on the question of damages for breach of those obligations, the court had to conduct a factual inquiry as to how the contract would have been performed had it not been repudiated.

Its performance was the only counter-factual assumption in the exercise, on the basis of that premise, the court had to look at the relevant economic and other surrounding circumstances to decide on the level of performance which the defendant would have adopted.

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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