Blue Power Group SARL & Ors v ENI Norge AS & Ors [2018] EWHC 2212 (Ch) (30 July 2018)

Blue Power Group SARL & Ors v ENI Norge AS & Ors [2018] EWHC 2212 (Ch) (30 July 2018)

The claim for breach of the best endeavours obligation cannot be summarily dismissed because there remains a real, non-fanciful prospect that further evidence at trial could show Statoil might have consented if the defendants had acted differently; however, the claim for loss of profits (as opposed to loss of chance) in relation to the best endeavours obligation must be struck out as it is not legally sustainable.

Citation
[2018] EWHC 2212 (Ch)
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 Contractual Dispute / Summary Judgment Application and Application for Further Information
Outcome
Summary judgment application dismissed in respect of the best endeavours claim; allowed in respect of striking out the loss of profits claim for best endeavours; order made for claimants to respond to request for further information by 17 September 2018.
Legal Topics
Summary Judgment, Best Endeavours Obligations, Loss of Chance, Disclosure, Pleading Amendments
Commercial Law Contract Law Summary Judgment Best Endeavours Obligations Loss of Chance Disclosure Pleading Amendments

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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 Contractual Dispute / Summary Judgment Application 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 ordered to respond to a request for further information

Ratio Decidendi

The claim for breach of the best endeavours obligation cannot be summarily dismissed because there remains a real, non-fanciful prospect that further evidence at trial could show Statoil might have consented if the defendants had acted differently; however, the claim for loss of profits (as opposed to loss of chance) in relation to the best endeavours obligation must be struck out as it is not legally sustainable.

Court Disposition

Summary judgment application dismissed in respect of the best endeavours claim; allowed in respect of striking out the loss of profits claim for best endeavours; order made for claimants to respond to request for further information by 17 September 2018.

Orders

  • Application for summary judgment on best endeavours claim dismissed.
  • Claim for loss of profits for breach of best endeavours obligation struck out; pleading to be amended accordingly.