Our client was a haulier who had a 5 year distribution contract with a furniture manufacturer worth £1.5 million per year wrongly terminated after 1 year. The value of the claim was the loss of profit over the contract period, which was put at around £750,000. Although the furniture manufacturer wrongly terminated the contract, it subsequently argued that the haulier had not met the performance standards, and brought a counterclaim for £4 million.
The counterclaim meant that the key to the case was to analyse performance data to disprove the counterclaim. And it was necessary to guide the client and management team through this process.
The performance analysis work was crucial and this enabled us to negotiate a settlement at a mediation meeting. Consequently, the counterclaim was abandoned.
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