By: Mark Tottenham BL
Failure to grant meat import licence – appeal from High Court (Feeney J) – award of €2.45 million general damages – method of calculating damages – loss of profits from business – profits made by competitor since plaintiff ceased trading – Common Agricultural Policy – limited importation of beef from non-member states under licence – Council Regulation No. 3889/89 – litigation dating back to 1991 – entitlement of plaintiff to quota of imported meat – definition of “general damage” – “damage which the law implies in every infringement of an absolute right” – direction by Supreme Court of hearing of claim for general damages – application to admit fresh evidence – accounts of comparator – whether accounts would reasonably have been available at time of hearing – using net profit as basis for assessment of damages – settlement of plaintiff with revenue – whether award should have included compensation for settlement – whether interest should have been awarded on lost profits.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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