Mathias Cheung and Reynolds Porter Chamberlain LLP acted successfully on behalf of the Claimant, DBE Energy Ltd (DBE), in the matter of DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1232 (TCC).
This was a 3-day TCC trial under the Shorter Trials Scheme, which followed a heavily contested PTR application to expunge large parts of the Defendant’s expert evidence, in which Mathias Cheung and Reynolds Porter Chamberlain LLP also acted successfully for DBE.
These proceedings related to DBE’s claim for remedial costs and loss of revenue as a result of the catastrophic failure of the digester tank heaters and pasteuriser tanks supplied by the Defendant, Biogas Products Ltd (Biogas), for DBE’s anaerobic digestion facility in Dunsfold Park. It was DBE’s case that the failure of the equipment was caused by Biogas’ negligence and/or breach of contract in designing the equipment.
In a detailed judgment, Deputy High Court Judge Ms Joanna Smith QC concluded that DBE was substantially successful in its claim and Biogas was wholly unsuccessful in its counterclaims.
As a preliminary observation, the learned judge considered Fraser J’s guidance in Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (No. 2) [2018] EWHC 1577 (TCC), and found that Biogas’ technical expert expressed views which were biased and asserted as facts matters which were properly for the determination of the court. This was consistent with Waksman J’s decision at the PTR to expunge various sections of Biogas’ technical expert report which raised unpleaded issues.
In summary, the learned judge’s findings on liability and quantum were as follows:
Mathias Cheung (instructed by Reynolds Porter Chamberlain LLP) for the Claimant.
To read the full judgment please click here: DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1232 (TCC)
18 May 2020
This paper was written by James Howells QC for the Society of Construction Law (Singapore)…
URS has been granted permission by the Supreme Court to appeal the decision of the…
For more information please contact our clerks on
+44 (0)20 7404 0102 or clerks@atkinchambers.com