British Gas Trading Ltd v Shell UK Ltd & Anor [2018] EWHC 3943 (Comm) (18 September 2018)

Issues 1, 3, and 4 are suitable for determination as preliminary issues because they are sufficiently legal, dispositive, and can be decided without further evidence. Issue 2 is too closely bound up with factual matters and the trial of the implied term claim to be determined as a preliminary issue.

Citation: [2018] EWHC 3943 (Comm)
Parties: Claimant: British Gas Trading Limited; 1st Defendant: Shell U. K. Limited; 2nd Defendant: Esso Exploration and Production UK Limited
Jurisdiction: England and Wales
Judgment Date: 18 September 2018
Procedural Posture: Commercial Court Claim / Application for Determination of Preliminary Issues
Outcome: Application granted in part
Legal Topics: Interpretation of Contractual Terms, Implied Terms, Damages Calculation, Preliminary Issues Procedure

Contract Law Commercial Law Interpretation of Contractual Terms Implied Terms Damages Calculation Preliminary Issues Procedure

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Parties

British Gas Trading Limited

Claimant

Shell U. K. Limited

1st Defendant

Esso Exploration and Production UK Limited

2nd Defendant

Procedural Posture

Commercial Court Claim / Application for Determination of Preliminary Issues

Legal Issues

1 Whether issues 1, 3, and 4 should be determined as preliminary issues
2 Proper interpretation of clause 6.4 regarding minimum delivery quantity
3 Whether clause 26(3) contains an implied duty of good faith or rationality

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Issues 1, 3, and 4 to proceed as preliminary issues
Issue 2 to be left to trial