The case arose out of a PFI contract regarding a project for the upgrade of sludge treatment services in Northern Ireland. Glen Water entered into the contract with the Department of Regional Development for Northern Ireland which became Northern Ireland Water subsequently.
This was a substantial project to take place over 25 years. Part of the project involved the upgrade of sewage services at the Duncrue Street facility – a project which had two phases – the construction phase and the service commencement phase. The case raised issues as to the scope and meaning of operating the plant as a “prudent operator” and whether or not any relevant Compensation Events have occurred and the subsequent financial consequences and effects.
The court was required to determine, as a preliminary issue, whether the company had properly notified the water authority of its claim as required by the contract.
Nicholas Dennys QC for the Defendant.
To read the full judgment please click here
3 February 2017