DALKIA UTILITIES SERVICES PLC v CELTECH INTERNATIONAL LTD

[2006] Lloyd's Rep Plus 25

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 customers 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 suppliers notice of termination constituted acceptance of repudiatory breach Whether suppliers notice of termination constituted repudiatory breach.