WHITECAP LEISURE LTD V JOHN H. RUNDLE LTD

[2008] EWCA Civ 429, Court of Appeal (Civil Division), Lord Justice Ward, Lord Justice Wall, and Lord Justice Moore-Bick, 28 April 2008

Contracts – Interpretation – Whether limitation or exclusion clause – Procedure – Case management – Overriding objective – Judge giving claimant opportunity to advance an alternate ground for the award of damages – Whether judge erred – Sale of Goods Act 1979, sections 11, 14, 35, 53 – Civil Procedure Rules, Part I

The defendant had supplied a water-ski cable tow system on a lake for the claimant’s leisure facility. The system did not function as intended. This was the claimant’s action for damages under the contract and the defendant’s cross-action for payment under the contract.