Blue Power Group SARL & Ors v VAR Energi AS & Ors

Blue Power Group SARL & Ors v VAR Energi AS & Ors

Expert evidence is at least reasonably required to assist the court in resolving factual disputes about the objective characteristics and comparative merits of the claimants’ CNG Technology, which are central to the pleaded issues of best endeavours and causation. The pleadings put in issue questions of fact that involve specialist knowledge, and the court would be assisted by independent expert evidence rather than relying solely on the parties’ assertions.

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
Civil Commercial / Interlocutory Application for Permission to Adduce Expert Evidence
Outcome
Application granted
Legal Topics
Best Endeavours Obligations, Admissibility of Expert Evidence, Causation in Contract Claims
Contract Law Commercial Law Best Endeavours Obligations Admissibility of Expert Evidence Causation in Contract Claims

Case Brief

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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

Civil Commercial / Interlocutory Application for Permission to Adduce Expert Evidence

Legal Issues

  1. 1 Whether the defendants should be permitted to adduce expert evidence in the fields of CNG Technology and Offshore Oil and Project Management
  2. 2 Whether such evidence is necessary or reasonably required to resolve issues of best endeavours and causation

Ratio Decidendi

Expert evidence is at least reasonably required to assist the court in resolving factual disputes about the objective characteristics and comparative merits of the claimants’ CNG Technology, which are central to the pleaded issues of best endeavours and causation. The pleadings put in issue questions of fact that involve specialist knowledge, and the court would be assisted by independent expert evidence rather than relying solely on the parties’ assertions.

Court Disposition

Application granted

Orders

  • Defendants permitted to adduce expert evidence in the combined fields of CNG Technology and Offshore Oil and Project Management, subject to clarification of the scope regarding comparative commercial benefits.