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England and Wales decisions
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The Commercial Court dismissed RMK’s quantum meruit claim, holding the Advisory Agreement covered the work and barred restitution for extra payment.
Centrica Plc & Anor v Premier Power Ltd [2007] EWCA Civ 1225 (27 November 2007)
The Court of Appeal held that Centrica could recover MPPs and balancing and scheduling charges as BGUOCs under the gas supply agreement.
Commercial Court decision on gas supply charges under a long-term agreement: MPP could be passed on by variation, but balancing and scheduling charges could not.
Centrica Plc & Anor v Premier Power Ltd [2006] EWHC 3068 (Comm) (01 December 2006)
Commercial Court held the GSA did not, as construed, let Centrica recover Balancing and Scheduling Charges or MPP, but a variation clause could pass on MPP; estoppel failed.
Kershaw Mechanical Services Ltd v Kendrick Construction Ltd [2006] EWHC 727 (TCC) (02 March 2006)
High Court appeal under section 69 of the Arbitration Act 1996 dismissed. The court upheld the arbitrator's construction of a subcontract qualification clause.
Strachan & Henshaw Ltd v Stein Industrie (UK) Ltd & Anor [1997] EWCA Civ 2940 (9 December 1997)
The Court of Appeal held that relocating tea cabins and a clocking station was not a contract variation, and that a broad liability clause barred damages claims.
Amec Process and Energy Ltd v. Stork Engineers & Contractors BV (a company registered in The Netherlands) [1999] EWHC Technology 238 (6th May, 1999)
Stork was contractually obliged to supply drawings, design information, free issue materials and equipment in accordance with the Rev A programme, as acknowledged without qualification. For pipework, since the programme did not specify module-by-module fabrication dates, Stork was entitled to set the sequence for supplying design information, provided it did so in an orderly and continuous manner within the programme period. Article 13.7's procedural requirements apply to variation claims, and failure to comply may result in forfeiture of entitlement to adjustments or damages under the contra…
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