Wincanton has been ordered to pay some £470,000 to online white goods retailer DRL by the Court of Appeal which has overturned an earlier decision by the High Court.
DRL supplies fridges, freezers, washing machines and dishwashers via appliancesonline.co.uk and appliancedeals.co.uk, and provides a white label solution for retailers such as House of Fraser, B&Q, Argos, Next, Marks & Spencer and Boots.
DRL hired Wincanton to deliver goods to its customers across the UK. The dispute, which began in 2007 and came to a head in 2008, was focused on liability for goods damaged in the delivery process and consequent payments for deliveries.
The case went to the High Court which ruled in Wincanton’s favour.
However, the Court of Appeal overturned that decision and has ordered Wincanton to repay DRL more than £470,000 plus costs. The final sum is still to be determined and is likely to be heard by the High Court in 2012 in the absence of an agreement being reached.
Michael Kennedy, partner at Pannone Solicitors, which acted for DRL, said: “The Court of Appeal has now overturned the decision of the High Court on this issue.”
Wincanton declined to comment because of the ongoing proceedings.
