Anron Bunkering DMCC v Glencore Energy UK Ltd

Anron Bunkering DMCC v Glencore Energy UK Ltd

The implied terms contended for by Anron are not necessary for business efficacy, not obvious, and go beyond what is required; therefore, they are not to be implied. The claims for unjust enrichment are time-barred as the cause of action accrued by 4 May 2016, more than six years before the claim was issued. The adjournment application was refused as Anron failed to justify its lack of representation and the delay would be contrary to the overriding objective.

Parties
Claimant / Respondent: Anron Bunkering DMCC; Defendant / Applicant: Glencore Energy UK Ltd
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Claim summarily dismissed
Legal Topics
Implied Terms, Unjust Enrichment, Limitation Periods, Summary Judgment, Adjournment Applications
Contract Law Civil Procedure Implied Terms Unjust Enrichment Limitation Periods Summary Judgment Adjournment Applications

Case Brief

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Parties

Anron Bunkering DMCC

Claimant / Respondent

Glencore Energy UK Ltd

Defendant / Applicant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether terms should be implied into the contracts requiring accurate statements of account for advance payments
  2. 2 Whether the claim for money had and received (unjust enrichment) is time-barred
  3. 3 Whether the adjournment application should be granted

Ratio Decidendi

The implied terms contended for by Anron are not necessary for business efficacy, not obvious, and go beyond what is required; therefore, they are not to be implied. The claims for unjust enrichment are time-barred as the cause of action accrued by 4 May 2016, more than six years before the claim was issued. The adjournment application was refused as Anron failed to justify its lack of representation and the delay would be contrary to the overriding objective.

Court Disposition

Claim summarily dismissed

Orders

  • Claim dismissed with summary judgment in favour of Glencore Energy UK Ltd