Blue Power Group SARL & Ors v VAR Energi AS & Ors [2020] EWHC 633 (Ch) (18 February 2020)

Blue Power Group SARL & Ors v VAR Energi AS & Ors [2020] EWHC 633 (Ch) (18 February 2020)

Expert evidence is permitted because the pleaded issues involve specialist knowledge regarding the objective characteristics and comparative merits of CNG Technology, which will assist the court in resolving the scope of the best endeavours obligation and causation; the claimants themselves put these matters in issue.

Citation
[2020] EWHC 633 (Ch)
Parties
Claimant/respondent: BLUE POWER GROUP SARL; Claimant/respondent: BLUE WAVE CO SA; Claimant/respondent: BLUE MGMT LTD; Defendant/applicant: VÅR ENERGI AS (formerly known as ENI NORGE SA); Defendant/applicant: ENI S.p. A; Defendant/applicant: ENIPROGETTI S.p. A (formerly known as TECNOMARE S.p. A)
Jurisdiction
England and Wales
Judgment Date
18 February 2020
Procedural Posture
Commercial Litigation / Interlocutory Application for Permission to Adduce Expert Evidence
Outcome
Application granted
Legal Topics
Best Endeavours Obligation, Admissibility of Expert Evidence, Causation in Contract, Technology Disputes
Commercial Law Contract Law Best Endeavours Obligation Admissibility of Expert Evidence Causation in Contract Technology Disputes

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Parties

BLUE POWER GROUP SARL

Claimant/respondent

BLUE WAVE CO SA

Claimant/respondent

BLUE MGMT LTD

Claimant/respondent

VÅR ENERGI AS (formerly known as ENI NORGE SA)

Defendant/applicant

ENI S.p. A

Defendant/applicant

ENIPROGETTI S.p. A (formerly known as TECNOMARE S.p. A)

Defendant/applicant

Procedural Posture

Commercial Litigation / Interlocutory Application for Permission to Adduce Expert Evidence

Legal Issues

  1. 1 Whether defendants should be permitted to adduce expert evidence on CNG Technology and Offshore Oil and Project Management
  2. 2 Scope and content of best endeavours obligation
  3. 3 Causation regarding Statoil's consent to CNG Technology

Ratio Decidendi

Expert evidence is permitted because the pleaded issues involve specialist knowledge regarding the objective characteristics and comparative merits of CNG Technology, which will assist the court in resolving the scope of the best endeavours obligation and causation; the claimants themselves put these matters in issue.

Court Disposition

Application granted

Orders

  • Defendants permitted to adduce expert evidence in the fields of CNG Technology and Offshore Oil and Project Management as per draft order, with para.2 redrafted to clarify comparative commercial benefits between claimants' CNG Technology and other options.