Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd & Ors

Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd & Ors

The Heads of Terms signed on 29 June 2016 constituted a binding contract governing the relationship between GDM and EE. EE was not entitled to terminate for breach of KPIs without first requiring GDM to remedy the breach within a reasonable time, which it did not do. EE's suspension and renunciation of the contract on 31 January and 2 February 2017 was a repudiatory breach, accepted by GDM, entitling GDM to compensation under the Regulations. GDM's claims for damages for breach of contract and for misuse of confidential information/database rights failed. EE's counterclaim for damages for GDM's breaches of contract succeeded in principle but quantum was not assessed.

Parties
Claimant: Green Deal Marketing Southern Limited; First Defendant: Economy Energy Trading Limited; Second Defendant: E (Gas and Electricity) Limited; Third Defendant: Lubna Khilji; Fourth Defendant: Paul Cooke; Third Party: Tobias Jung; Fourth Party: Richard Turner; Fifth Party: Ashley Allen
Jurisdiction
England and Wales
Judgment Date
06 March 2019
Procedural Posture
Commercial/contractual Claim / Final Judgment
Outcome
Claim allowed in part; counterclaim allowed in part; other claims dismissed.
Legal Topics
Breach of Contract, Termination of Agency, Compensation Under Commercial Agents Regulations, Misuse of Confidential Information, Database Rights
Commercial Law Contract Law Agency Law Breach of Contract Termination of Agency Compensation Under Commercial Agents Regulations Misuse of Confidential Information Database Rights

Case Brief

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Parties

Green Deal Marketing Southern Limited

Claimant

Economy Energy Trading Limited

First Defendant

E (Gas and Electricity) Limited

Second Defendant

Lubna Khilji

Third Defendant

Paul Cooke

Fourth Defendant

Tobias Jung

Third Party

Richard Turner

Fourth Party

Ashley Allen

Fifth Party

Procedural Posture

Commercial/contractual Claim / Final Judgment

Legal Issues

  1. 1 Which contract governed the relationship between GDM and EE?
  2. 2 Was there a breach of contract by GDM entitling EE to terminate?
  3. 3 Was GDM entitled to compensation under the Commercial Agents (Council Directive) Regulations 1993?

Ratio Decidendi

The Heads of Terms signed on 29 June 2016 constituted a binding contract governing the relationship between GDM and EE. EE was not entitled to terminate for breach of KPIs without first requiring GDM to remedy the breach within a reasonable time, which it did not do. EE's suspension and renunciation of the contract on 31 January and 2 February 2017 was a repudiatory breach, accepted by GDM, entitling GDM to compensation under the Regulations. GDM's claims for damages for breach of contract and for misuse of confidential information/database rights failed. EE's counterclaim for damages for GDM's breaches of contract succeeded in principle but quantum was not assessed.

Court Disposition

Claim allowed in part; counterclaim allowed in part; other claims dismissed.

Orders

  • Judgment for GDM against EE for £1,049,600 as compensation under the Regulations.
  • GDM's claim for damages for breach of contract dismissed as duplicative of compensation.