A L Challis Ltd v British Gas Trading Ltd
The issues of contractual construction and implication of terms require consideration of disputed factual background and commercial consequences, which are unsuitable for summary determination; therefore, the application for summary judgment is dismissed.
- Parties
- Claimant: A L Challis Limited; Defendant: British Gas Trading Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 02 February 2015
- Procedural Posture
- Commercial Contract Dispute / Summary Judgment Application
- Outcome
- Application for summary judgment dismissed
- Legal Topics
- Contractual Interpretation, Implied Terms, Carbon Emissions Reduction Target (cert), Market Transformation Uplift (mtu)
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
A L Challis Limited
Claimant
British Gas Trading Limited
Defendant
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Legal Issues
- 1 Whether British Gas was contractually obliged to claim the Market Transformation Uplift (MTU) in respect of water widgets
- 2 Whether Challis was entitled to payment reflecting the MTU uplift
- 3 Proper construction and implication of terms in the agreements
Ratio Decidendi
The issues of contractual construction and implication of terms require consideration of disputed factual background and commercial consequences, which are unsuitable for summary determination; therefore, the application for summary judgment is dismissed.
Court Disposition
Application for summary judgment dismissed
Orders
- Application to strike out particulars of claim and/or for summary judgment dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment