Glencore Energy UK Ltd v Springfield Energy Ltd

Glencore Energy UK Ltd v Springfield Energy Ltd

Glencore did not carry out any activity in Ghana requiring a licence under the GNPA; even if a licence were required, no criminal offence was committed. Therefore, the Sale Contracts and Settlement Agreement are not illegal or unenforceable, and Glencore is entitled to judgment for the outstanding debt and interest.

Parties
Claimant: Glencore Energy UK Limited; Defendant: Springfield Energy Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2018
Procedural Posture
Commercial Claim (contract/enforcement) / Judgment After Abbreviated Trial; Defendant Absent
Outcome
Judgment for the Claimant; counterclaim dismissed
Legal Topics
Illegality of Contract Under Foreign Law, Enforcement of Settlement Agreements, Licensing Requirements Under Ghanaian Law, Restitution for Payments Under Alleged Illegal Contract
Contract Law Conflict of Laws Commercial Law Illegality of Contract Under Foreign Law Enforcement of Settlement Agreements Licensing Requirements Under Ghanaian Law Restitution for Payments Under Alleged Illegal Contract

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Parties

Glencore Energy UK Limited

Claimant

Springfield Energy Limited

Defendant

Procedural Posture

Commercial Claim (contract/enforcement) / Judgment After Abbreviated Trial; Defendant Absent

Legal Issues

  1. 1 Whether the amended Sale Contracts were unlawful under Ghanaian law due to lack of licence under the GNPA
  2. 2 Whether the Settlement Agreement is unenforceable due to alleged underlying illegality
  3. 3 Whether Glencore committed a criminal offence under Ghanaian law by performing the contracts without a licence

Ratio Decidendi

Glencore did not carry out any activity in Ghana requiring a licence under the GNPA; even if a licence were required, no criminal offence was committed. Therefore, the Sale Contracts and Settlement Agreement are not illegal or unenforceable, and Glencore is entitled to judgment for the outstanding debt and interest.

Court Disposition

Judgment for the Claimant; counterclaim dismissed

Orders

  • Springfield to pay Glencore US$1,234,205.91 plus interest at 8% per annum as calculated in the judgment (US$241,019 up to 9 July 2018), with updated interest to be provided by Glencore.