Contract
Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14, [2024] All ER (D) 31 (May)
The Supreme Court ruled on the appeal and the cross-appeal which arose out of two Grain and Feed Trade Association (GAFTA) appeal awards under the Arbitration Act 1996 relating to cost & freight (C&F) free out Mundra sales made of pulses by the appellant seller to the respondent buyer pursuant to the GAFTA Contract No 24 Default Clause, where damages were awarded by the GAFTA Appeal Board to the appellant on the basis of the estimated C&F free out Mundra value of the goods. The court of Appeal (Civil Division) allowed the respondent’s appeal but did so in relation to a question of law which it had amended by adding to the question the wording ‘in the circumstances found by the Appeal Board in the Awards’. It also held that damages should be awarded on the basis that the contracts had been varied. The Supreme Court, in allowing the appeal, held that although the Court of Appeal did not err in amending
