Advanced Multi-Technology for Medical Industry (trading as Hitex) v Uniserve Ltd

Subject Matter

CONTRACT — Breach — Damages

[2024] EWHC 1725 (Ch), Ch D

CONTRACT — Repudiation — Remedy

[2025] EWCA Civ 1212, CA

AI Summary & Issues

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In Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors, the High Court determined that Uniserve wrongfully terminated the Supply Contract with Hitex, which had not breached the revised delivery schedule. Hitex was awarded approximately US$16,940,000 in damages for Uniserve's anticipatory breach. Additionally, claims by Caramel Sales Limited for commission under the Commission Contract were dismissed, along with Uniserve's counterclaims against Maxitrac and Dr Stead.

Issues

• Did Uniserve establish that it was induced to enter the Supply Contract by fraudulent or negligent misrepresentation made by Hitex or its representatives, particularly regarding delivery capabilities?
• Was Hitex in breach of its delivery obligations under the Supply Contract or the Revised Schedule, and did this breach justify Uniserve's termination of the contract?
• Did Uniserve's actions amount to an anticipatory breach of the Supply Contract, thereby allowing Hitex to accept the breach and terminate the contract?

Commentary

3PB
Authority is the eye of the beholder Case comment