IPM Energy Trading Ltd v Carillion Energy Services Ltd [2017] EWHC 1399 (Comm)

13th Jun 2017

The Electricity and Gas (Community Energy Saving Programme) Order 2009 (“the CESP Order”) introduced the Community Energy Saving Programme (“CESP”) requiring generators of electricity to achieve specified energy-saving measures. The Claimant (a generator) engaged the Defendant to provide services for the purposes of the Claimant’s meeting its obligations under the CESP Order. The Claimant ultimately failed to meet its obligations under the CESP Order and the Defendant failed to meet its obligations to the Claimant under the Contract. The case concerned the amount of the Defendant’s liability to the Claimant.

The case depended partly on facts and partly on the effect of risk allocation provisions in the contract.

The Defendant, Carillion, succeeded in establishing that IPM had no claim for any recoverable loss and the Court dismissed the claim for damages against it.

(Instructed by Clyde & Co).

Related barristers: Robert Clay

To view the full judgment please click here.

13 June 2017

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