Servicios de Salud del Instituto Mexico del Seguro Social Para el Bienstar v Viva Enterprises Limited & Anor

Facts

On 12 April 2020, during the COVID-19 pandemic, Viva Enterprises Limited (VEL) agreed to supply 1,000 ventilators to INSABI, a Mexican public health body, under a ventilator supply agreement (the VSA), and was paid in advance. INSABI was later substituted in the proceedings by the Claimant, its successor. VEL refunded 30% of the price on 19 June 2020. INSABI sued VEL and its managing director, Robert Dangoor, for misrepresentation, including deceit, for breach of contract and in unjust enrichment. In a trial judgment handed down on 15 June 2026 ([2026] EWHC 1380 (Ch)), Richard Smith J rejected all of those pleaded claims and dismissed VEL's counterclaims. He held that an exchange of correspondence in June 2020 (the June Agreement) had varied the VSA. Under it, VEL could deliver up to 500 HBK units by 3 July 2020, and anything not delivered was to be refunded pro rata. VEL had delivered only 50 units. The judge also found that the Defendants had run a dishonest "covert scheme" to pass off 465 ventilators that another supplier, Encore, had delivered in its own right as deliveries made on VEL's behalf. He therefore found the Claimant entitled to a refund for 650 units. The Claimant had never pleaded that refund claim. This judgment decides the consequential matters: the form of relief, the Claimant's post-trial amendment application, interest, costs, permission to appeal, a stay, and applications relating to an earlier injunction.