Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GMBH & Ors [2008] EWHC 2210 (TCC) (19 September 2008)

Biffa Waste Services Ltd & Anor v Maschinenfabrik Ernst Hese GMBH & Ors [2008] EWHC 2210 (TCC) (19 September 2008)

Biffa is entitled to damages for lost electricity sales, recycled materials, agreed costs, and operational savings, but not for the MEH invoice or additional project management costs, as no actual loss was suffered in respect of those items; MEH's contribution claim against OT is dismissed.

Citation
[2008] EWHC 2210 (TCC)
Parties
First Claimant: Biffa Waste Services Limited; Second Claimant: Biffa Leicester Limited; First Defendant: Maschinenfabrik Ernst Hese GMBH; Second Defendant: Outokumpu Technology Wenmec AB; Third Party: Vanguard Industrial Limited (Trading as Pickfords Vanguard); Fourth Party: Hese Umwelt GMBH
Jurisdiction
England and Wales
Judgment Date
19 September 2008
Procedural Posture
Tort/contract (quantum Hearing After Liability Judgment) / Post Liability, Quantum Determination
Outcome
Damages awarded to claimants; MEH's contribution claim dismissed.
Legal Topics
Damages Assessment, Remoteness, Mitigation, Contribution, Compensatory Damages, Windfall Prevention
Tort Contract Construction Law Damages Assessment Remoteness Mitigation Contribution Compensatory Damages +1 more

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Parties

Biffa Waste Services Limited

First Claimant

Biffa Leicester Limited

Second Claimant

Maschinenfabrik Ernst Hese GMBH

First Defendant

Outokumpu Technology Wenmec AB

Second Defendant

Vanguard Industrial Limited (Trading as Pickfords Vanguard)

Third Party

Hese Umwelt GMBH

Fourth Party

Procedural Posture

Tort/contract (quantum Hearing After Liability Judgment) / Post Liability, Quantum Determination

Legal Issues

  1. 1 Quantum of damages for delay caused by fire
  2. 2 Recoverability of losses for electricity sales and recycled materials
  3. 3 Appropriate deductions for operational savings

Ratio Decidendi

Biffa is entitled to damages for lost electricity sales, recycled materials, agreed costs, and operational savings, but not for the MEH invoice or additional project management costs, as no actual loss was suffered in respect of those items; MEH's contribution claim against OT is dismissed.

Court Disposition

Damages awarded to claimants; MEH's contribution claim dismissed.

Orders

  • Biffa awarded £140,249 in damages from OT.
  • MEH's claims against OT for damages or contribution dismissed.