Kingspan Environmental Ltd & Ors v Borealis A/s & Anor [2012] EWHC 1147 (Comm) (01 May 2012)

Kingspan Environmental Ltd & Ors v Borealis A/s & Anor [2012] EWHC 1147 (Comm) (01 May 2012)

The court found that the claimants failed to prove that Borecene was unfit for purpose or that misrepresentations caused their losses; tank failures were attributable to manufacturing and processing variables under claimants' control. The defendants' contractual limitation of liability and choice of Danish law were upheld.

Citation
[2012] EWHC 1147 (Comm)
Parties
Claimant: Kingspan Environmental Limited; Claimant: Tyrell Tanks Limited; Claimant: Rom Plastics Limited; Claimant: Titan Environmental Limited; Defendant: Borealis A/S; Defendant: Borealis UK Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2012
Procedural Posture
Commercial Court Action for Damages / Final Judgment
Outcome
Claim dismissed
Legal Topics
Sale of Goods, Misrepresentation, Product Liability, Breach of Contract, Choice of Law
Commercial Law Contract Law Tort Law Sale of Goods Misrepresentation Product Liability Breach of Contract Choice of Law

Case Brief

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Parties

Kingspan Environmental Limited

Claimant

Tyrell Tanks Limited

Claimant

Rom Plastics Limited

Claimant

Titan Environmental Limited

Claimant

Borealis A/S

Defendant

Borealis UK Limited

Defendant

Procedural Posture

Commercial Court Action for Damages / Final Judgment

Legal Issues

  1. 1 Whether Borecene supplied by defendants was fit for purpose for manufacturing static oil tanks
  2. 2 Whether misrepresentations were made regarding Borecene's characteristics
  3. 3 Whether tank failures were caused by breach of contract or by claimants' own manufacturing processes

Ratio Decidendi

The court found that the claimants failed to prove that Borecene was unfit for purpose or that misrepresentations caused their losses; tank failures were attributable to manufacturing and processing variables under claimants' control. The defendants' contractual limitation of liability and choice of Danish law were upheld.

Court Disposition

Claim dismissed

Orders

  • Claimants' claims for damages are dismissed
  • Defendants' contractual limitation of liability and choice of law upheld