SCOTBEEF LTD v D&S STORAGE LTD (IN LIQUIDATION)

[2022] EWHC 2434 (TCC), HH Judge Kelly sitting as a Judge of the High Court, 14 October 2022

Incorporation of terms – Whether terms in standard use and whether they were onerous – Limitation of liability – Unfair Contract Terms Act 1977

The claimant brought an action against the defendant in which it sought to recover damages from the defendant. The defendant operated a storage facility in which meat belonging to the claimant was stored. The meat was found to be unfit for consumption as a result of mould that was found on the meat. The defendant denied that it was in breach of contract. The present litigation involved the trial of two preliminary issues. The first was whether the Food Storage & Distribution Federation (“FSDF”) terms and conditions had been incorporated into the contract between the parties and the second was the effect of any such clause on the liability of the defendant.