Biosol Renewables UK Ltd v Lovering & Anor (t/a R & A Properties (A Partnership)) [2021] EWHC 71 (Comm) (21 January 2021)

Biosol Renewables UK Ltd v Lovering & Anor (t/a R & A Properties (A Partnership)) [2021] EWHC 71 (Comm) (21 January 2021)

The court found that Biosol did not make actionable misrepresentations to R&A regarding the performance or financial returns of the biomass boilers. The representations relied upon by R&A were either not made, were not relied upon, or were clearly non-binding estimates. The contractual documentation and negotiations did not support R&A's case on misrepresentation or breach of duty. Biosol was entitled to payment for the supply and installation of the boilers and ancillary works, including decommissioning, and R&A's counterclaim failed on all substantive grounds. No right of abatement or set-off arose. Damages for lost profits claimed by Biosol were not awarded due to insufficient proof of...

Citation
[2021] EWHC 71 (Comm)
Parties
Claimant: Biosol Renewables UK Limited; Defendant: Robert Nigel Lovering; Defendant: David Francis Pickering; Defendant: Wayne Preece (trading as R & A Properties)
Jurisdiction
England and Wales
Judgment Date
21 January 2021
Procedural Posture
Commercial Claim and Counterclaim / High Court Trial Judgment
Outcome
Claim allowed in part; counterclaim dismissed
Legal Topics
Misrepresentation, Breach of Contract, Set Off and Abatement, Damages, Warranties, Negligence
Contract Law Commercial Law Tort Law Misrepresentation Breach of Contract Set Off and Abatement Damages Warranties +1 more

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Parties

Biosol Renewables UK Limited

Claimant

Robert Nigel Lovering

Defendant

David Francis Pickering

Defendant

Wayne Preece (trading as R & A Properties)

Defendant

Procedural Posture

Commercial Claim and Counterclaim / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to payment for supply and installation of biomass boilers and ancillary works
  2. 2 Whether the defendants are entitled to abate or set-off sums due based on counterclaims for misrepresentation, breach of duty, and breach of contract
  3. 3 Whether the claimant made actionable misrepresentations regarding the performance and financial returns of the boilers

Ratio Decidendi

The court found that Biosol did not make actionable misrepresentations to R&A regarding the performance or financial returns of the biomass boilers. The representations relied upon by R&A were either not made, were not relied upon, or were clearly non-binding estimates. The contractual documentation and negotiations did not support R&A's case on misrepresentation or breach of duty. Biosol was entitled to payment for the supply and installation of the boilers and ancillary works, including decommissioning, and R&A's counterclaim failed on all substantive grounds. No right of abatement or set-off arose. Damages for lost profits claimed by Biosol were not awarded due to insufficient proof of...

Court Disposition

Claim allowed in part; counterclaim dismissed

Orders

  • R&A to pay Biosol £371,987.30 for the balance of the price for the boilers
  • R&A to pay Biosol £310,602.74 for ancillary works and supply of woodchip