header-logo header-logo

20 February 2015 / Sara Wyeth , Anton van Dellen
Issue: 7641 / Categories: Features , Commercial
printer mail-detail

Stitched up?

wyeth

Manufacture at your risk, say Dr Anton van Dellen & Sara Wyeth

When a manufacturer supplies to a wholesaler, to what extent should the manufacturer be held responsible for events involving a wholesaler and an end-retailer? This question was considered by the Court of Appeal in the recent case of Confectia v Miss Mania [2014] EWCA Civ 1484.

Who bears the risk?

Confectia is a manufacturer of clothing based in Romania. It agreed to supply clothing to Miss Mania, a wholesaler based in the UK. Miss Mania proceeded to supply garments to a number of retailers, one of whom, Perera, refused to pay for the goods on the grounds of quality after delivery from Miss Mania. However, Miss Mania either took no steps or inadequate and insufficient steps to recover the goods from Perera and Perera was struck off almost a year later.

The issue before the court was whether the insolvency of a retailer was reasonably contemplatable as a serious possibility at the time of contracting within the rule in Hadley v Baxendale (1854) 9 Exch 341, [1843-60] All ER

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll