A Manx-based firm is to again appeal to a court in America which ordered it to pay $4.3m in a dispute over undelivered PPE.

Vannin Healthcare Global has been locked in a legal battle with Illumination International over a claim it failed to deliver the equipment ordered in November 2020.

The Port Soderick-based business says its appeal is based on whether the Indiana Court of Appeals erred in law by considering Illumination International’s argument that VHG was an agent of a Vietnamese company VGlove as this was not raised before the trial court or jury int he original hearing.

It also believes that the court erred by determined that the jury’s conclusion that Vannin Healthcare Global breached the contract with Illumination International, LLC is supported by sufficient evidence.

Its argument states: ‘There is no dispute that the plain language of the Agreement provides “that the delivery date for the gloves shall be 30 days after receipt by Vglove of 50% downpayment of the purchase order.

‘There is also no dispute that Illumination did not prove at trial that VGlove received the payment, and, in fact, the only evidence presented at trial demonstrates that VGlove did not receive the payment.

‘As a result, Illumination failed to prove that Vannin’s obligation to deliver the gloves was triggered and, therefore, failed to prove that Vannin breached the Agreement by failing to deliver the gloves.’

Vannin has also said that Illumination never argued the existence of an agency relationship between Vannin and VGlove and, even if it had, did not present evidence of a manifestation by VGlove as required to establish an agency relationship of any kind.

It adds: ‘Simply put, Illumination recognises that it failed to prove breach because it did not prove that VGlove received the payment necessary to trigger Vannin’s obligation to deliver the gloves.

‘Illumination had ample opportunity to advance its agency theory to circumvent its evidentiary gap but failed to do so until responding to Vannin’s appeal.

‘Thus, pursuant to well-established Indiana law, Illumination waived its right to advance its agency theory and this Court erred in affirming the trial court’s decision on that basis.’

The argument dates back to November 2022 and Illumination International LLC’s claim that it paid Vannin $2.8 million as a down payment on 705,000 boxes of medical gloves, which Vannin promised to deliver within 40 days, but they never arrived.