Sundorne Products (Llanidloes) Ltd v Geminor UK Ltd [2024] EWHC 1666 (Ch) (27 June 2024)

Sundorne Products (Llanidloes) Ltd v Geminor UK Ltd [2024] EWHC 1666 (Ch) (27 June 2024)

A binding contract was formed between Potters and Geminor for the collection and shipment of 12,000 tonnes per annum of RDF bales at £70 per tonne. Geminor's refusal to collect further bales was not justified by the quality issues, which did not amount to repudiatory breach by Potters. Geminor's termination constituted repudiatory breach, entitling Potters to damages for additional disposal costs incurred in performance of the Anglesey contract.

Citation
[2024] EWHC 1666 (Ch)
Parties
Claimant: Sundorne Products (Llanidloes) Limited; Defendant: Geminor UK Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2024
Procedural Posture
Part 7 Claim / Trial Judgment
Outcome
Claim allowed
Legal Topics
Contract Formation, Repudiatory Breach, Damages, Tender Process, Waste Management Agreements
Contract Law Commercial Law Contract Formation Repudiatory Breach Damages Tender Process Waste Management Agreements

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Parties

Sundorne Products (Llanidloes) Limited

Claimant

Geminor UK Limited

Defendant

Procedural Posture

Part 7 Claim / Trial Judgment

Legal Issues

  1. 1 Whether a binding contract was formed between Potters and Geminor for the collection and shipment of RDF bales
  2. 2 Whether Geminor was entitled to terminate the contract for repudiatory breach
  3. 3 Measure and recoverability of damages

Ratio Decidendi

A binding contract was formed between Potters and Geminor for the collection and shipment of 12,000 tonnes per annum of RDF bales at £70 per tonne. Geminor's refusal to collect further bales was not justified by the quality issues, which did not amount to repudiatory breach by Potters. Geminor's termination constituted repudiatory breach, entitling Potters to damages for additional disposal costs incurred in performance of the Anglesey contract.

Court Disposition

Claim allowed

Orders

  • Geminor UK Limited to pay Sundorne Products (Llanidloes) Limited damages for breach of contract
  • Statutory interest awarded on damages