27023 Co-operative Group (CWS) Ltd v International Computers Ltd

Court of Appeal (Tuckey, Rix, Jonathan Parker LLJ, 19 December 2003) repudiatory breaches of contract – whether and which contract existed – misrepresentation – ‘unfairness’ of trial – serious issue – trial judge had lost objectivity and created his own ‘conspiracy theory’ which coloured his findings – some conclusions based on issues not pleaded – retrial ordered ([2003] EWCA Civ 1955)

Mr C Carr QC and Mr R Mawrey QC (Ashurst Morris Crisp) for the appellant; Mr H Carr QC and Ms J Reid (Baker & Mckenzie) for the respondent.