- Last shot doctrine holds firm while pinion seals do not (Dana UK Axle Ltd v Freudenberg FST GmbH)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Commercial analysis: On 28 June 2021, the Technology and Construction Court (TCC) handed down judgment in favour of the claimant (Dana) in its £11m claim for damages following the failure of pinion seals supplied by the defendant (FST) which were incorporated into rear axels which the claimant had supplied to Jaguar Land Rover (JLR). In reaching its decision, the court applied the ‘last shot doctrine’ and found that the contractual relationship was governed by the claimant’s terms. In doing so, it provided some useful guidance as to the proper approach to take in such a situation. It also found in favour of the claimant on the proper ambit of the decision in Rhesa Shipping Co v Edmunds, The Popi M and the extent to which a prospective claimant needs to rule out other possible causes of its loss when establishing causation. Written by James Hannant, barrister at Guildhall Chambers.
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