DALKIA UTILITIES SERVICES PLC v CELTECH INTERNATIONAL LTD

[2006] 1 Lloyd's Rep. 599

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Christopher Clarke

Contract - Utilities - Long-term contract for provision of energy services to paper mill - Whether supplier entitled to serve contractual notice terminating contract on ground of customer’s “material breach” in failing to pay monthly charges - Amount of money payable by customer on termination - Whether contract to be rectified by construction - Whether obligation on customer to pay sum on termination was a penalty - Whether customer in repudiatory breach - Whether supplier’s notice of termination constituted acceptance of repudiatory breach - Whether supplier’s notice of termination constituted repudiatory breach.