Litasco SA v Der Mond Oil and Gas Africa SA & Anor

Litasco SA v Der Mond Oil and Gas Africa SA & Anor

The Defendants' defences of misrepresentation, implied term, force majeure, sanctions, and frustration are wholly unarguable on the evidence and contract terms. Payment obligations under the Addendum are unconditional and not suspended or discharged by force majeure or sanctions. No triable issue exists regarding Litasco's control by a designated person under UK sanctions law. Summary judgment is appropriate.

Parties
Claimant: Litasco SA; First Defendant: Der Mond Oil and Gas Africa SA; Second Defendant: Locafrique Holding SA
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Summary judgment granted for the Claimant.
Legal Topics
Force Majeure, Trade Sanctions, Misrepresentation, Frustration, Summary Judgment
Contract Law International Trade Law Sanctions Law Force Majeure Trade Sanctions Misrepresentation Frustration Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Litasco SA

Claimant

Der Mond Oil and Gas Africa SA

First Defendant

Locafrique Holding SA

Second Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendants have a realistic prospect of defending the claim under the Addendum based on misrepresentation, force majeure, sanctions, or frustration
  2. 2 Whether payment obligations were suspended or discharged by force majeure or sanctions clauses
  3. 3 Whether Litasco was controlled by a designated person under UK sanctions law

Ratio Decidendi

The Defendants' defences of misrepresentation, implied term, force majeure, sanctions, and frustration are wholly unarguable on the evidence and contract terms. Payment obligations under the Addendum are unconditional and not suspended or discharged by force majeure or sanctions. No triable issue exists regarding Litasco's control by a designated person under UK sanctions law. Summary judgment is appropriate.

Court Disposition

Summary judgment granted for the Claimant.

Orders

  • Defendants to pay the sums due under the Addendum.
  • Proceedings reinstated for enforcement of payment obligations.