Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd & Ors [2019] EWHC 507 (Ch) (06 March 2019)

Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd & Ors [2019] EWHC 507 (Ch) (06 March 2019)

The Heads of Terms signed on 29 June 2016 constituted a binding contract governing the relationship between GDM and EE from that date. EE's summary termination of the relationship on 31 January 2017 was wrongful and amounted to a repudiatory breach of contract. GDM is entitled to damages for breach of contract and compensation under regulation 17 of the Commercial Agents Regulations. The claim for breach of confidentiality succeeds against EE and EGEL. The counterclaim by EE for damages for loss of profits fails as GDM's breaches were not established to the requisite standard.

Citation
[2019] EWHC 507 (Ch)
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 Contract Dispute / Post Trial Judgment
Outcome
Claim allowed in part; counterclaim dismissed
Legal Topics
Breach of Contract, Repudiatory Breach, Commercial Agents Regulations, Confidential Information, Mis Selling, Termination of Contract, Damages, Compensation
Commercial Law Contract Law Regulatory Law Breach of Contract Repudiatory Breach Commercial Agents Regulations Confidential Information Mis Selling +3 more

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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 Contract Dispute / Post Trial Judgment

Legal Issues

  1. 1 Which contract governed the relationship between GDM and EE?
  2. 2 Was EE's termination of the relationship with GDM wrongful and in repudiatory breach?
  3. 3 Is GDM entitled to damages for breach of contract and compensation under the Commercial Agents Regulations?

Ratio Decidendi

The Heads of Terms signed on 29 June 2016 constituted a binding contract governing the relationship between GDM and EE from that date. EE's summary termination of the relationship on 31 January 2017 was wrongful and amounted to a repudiatory breach of contract. GDM is entitled to damages for breach of contract and compensation under regulation 17 of the Commercial Agents Regulations. The claim for breach of confidentiality succeeds against EE and EGEL. The counterclaim by EE for damages for loss of profits fails as GDM's breaches were not established to the requisite standard.

Court Disposition

Claim allowed in part; counterclaim dismissed

Orders

  • EE to pay GDM damages for breach of contract
  • EE to pay GDM compensation under regulation 17 of the Commercial Agents Regulations