Aden Refinery Co v Gunvor SA – QBD (Comm Ct) (Robin Knowles J) [2019] EWHC 3555 Comm – 18 December 2019

Sale of goods – Sale of gasoil – Contract providing for delivery in July 2014 and for payment before discharge of cargo – Price based on Platts average list prices for July 2014 – Parties agreeing to postpone delivery until September 2014 – Change in Platts list pricing between July and September 2014 – Whether contractual price moved with delivery period – Whether contract varied to similar effect

By a contract dated 8 May 2014 the defendant (Gunvor) agreed to sell and the claimant (ARC) agreed to buy around 60,000 mt of gasoil. The contract was negotiated and agreed on behalf of Gunvor by Energen FZE (Energen).