Alstom Power Ltd v Somi Impianti SRL

Alstom Power Ltd v Somi Impianti SRL

SOMI breached the subcontract by removing and retaining TOP documents, which vested in Alstom under the contract. SOMI had no right to remove or retain the documents, and was in deliberate contempt of court by breaching undertakings and injunctions. Summary judgment, injunctions, and sanctions were warranted.

Parties
Claimant: Alstom Power Limited; Defendant: SOMI Impianti S. R. L.
Jurisdiction
England and Wales
Judgment Date
21 December 2011
Procedural Posture
Civil (commercial/construction) / Judgment on Summary Judgment Application and Contempt Sanctions
Outcome
Summary judgment for the claimant; injunctions granted; fine imposed for contempt; costs awarded to claimant.
Legal Topics
Summary Judgment, Injunctions, Breach of Contract, Liquidated Damages, Contempt Sanctions, Costs
Contract Law Construction Law Civil Procedure Contempt of Court Summary Judgment Injunctions Breach of Contract Liquidated Damages +2 more

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Parties

Alstom Power Limited

Claimant

SOMI Impianti S. R. L.

Defendant

Procedural Posture

Civil (commercial/construction) / Judgment on Summary Judgment Application and Contempt Sanctions

Legal Issues

  1. 1 Whether SOMI breached the subcontract by removing and retaining turnover package (TOP) documents belonging to Alstom
  2. 2 Whether Alstom was entitled to summary judgment and injunctive relief for return of documents
  3. 3 Whether SOMI was in contempt of court for breaching undertakings and injunctions

Ratio Decidendi

SOMI breached the subcontract by removing and retaining TOP documents, which vested in Alstom under the contract. SOMI had no right to remove or retain the documents, and was in deliberate contempt of court by breaching undertakings and injunctions. Summary judgment, injunctions, and sanctions were warranted.

Court Disposition

Summary judgment for the claimant; injunctions granted; fine imposed for contempt; costs awarded to claimant.

Orders

  • SOMI to return specified TOP documents to Alstom's solicitors as per court order.
  • SOMI fined £40,000 for contempt of court (£20,000 for breach of undertaking, £20,000 for breach of injunction).