Blue Power Group SARL & Ors v ENI Norge AS & Ors

Blue Power Group SARL & Ors v ENI Norge AS & Ors

The application for summary judgment on the claim for breach of the best endeavours obligation is dismissed because it cannot be said there is no real prospect that Statoil could have been persuaded to consent if the first defendant had taken further steps. The absence of evidence from the actual decision-makers at Statoil and the lack of disclosure mean the issue is unsuitable for summary determination. The claim for loss of profits in relation to the best endeavours obligation is struck out as it is not maintainable in law; only loss of a chance is claimable. The claimants are ordered to respond to the request for further information by 17 September 2018.

Parties
Claimant: Blue Power Group SARL; Claimant: Blue Wave Co SA; Claimant: Blue MGMT Ltd; Defendant: ENI Norge AS; Defendant: ENI SpA; Defendant: Eniprogetti SpA (formerly known as Tecnomare SpA)
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Commercial / Summary Judgment and Application for Further Information
Outcome
Summary judgment application on best endeavours claim dismissed; summary judgment on loss of profits claim allowed; order for further information granted.
Legal Topics
Breach of Contract, Best Endeavours Obligation, Loss of Chance, Summary Judgment, Disclosure of Information
Contract Law Commercial Law Breach of Contract Best Endeavours Obligation Loss of Chance Summary Judgment Disclosure of Information

Case Brief

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Parties

Blue Power Group SARL

Claimant

Blue Wave Co SA

Claimant

Blue MGMT Ltd

Claimant

ENI Norge AS

Defendant

ENI SpA

Defendant

Eniprogetti SpA (formerly known as Tecnomare SpA)

Defendant

Procedural Posture

Commercial / Summary Judgment and Application for Further Information

Legal Issues

  1. 1 Whether the claimants have a real prospect of success on the claim for breach of best endeavours obligation
  2. 2 Whether the claim for loss of profits should be struck out in relation to the best endeavours obligation
  3. 3 Whether the claimants should be compelled to respond to a request for further information prior to disclosure

Ratio Decidendi

The application for summary judgment on the claim for breach of the best endeavours obligation is dismissed because it cannot be said there is no real prospect that Statoil could have been persuaded to consent if the first defendant had taken further steps. The absence of evidence from the actual decision-makers at Statoil and the lack of disclosure mean the issue is unsuitable for summary determination. The claim for loss of profits in relation to the best endeavours obligation is struck out as it is not maintainable in law; only loss of a chance is claimable. The claimants are ordered to respond to the request for further information by 17 September 2018.

Court Disposition

Summary judgment application on best endeavours claim dismissed; summary judgment on loss of profits claim allowed; order for further information granted.

Orders

  • Application for summary judgment on breach of best endeavours obligation dismissed.
  • Claim for loss of profits for breach of best endeavours obligation struck out; claimants to amend pleadings accordingly.