MAGNETIC SHIELDS LTD v VACUUM AND ATMOSPHERE SERVICES LTD

[2024] EWHC 2260 (TCC), Technology and Construction Court, Mr Jason Coppel KC sitting as a Deputy Judge of the High Court, 2 September 2024

Terms of contract – No oral modification clause – Defective refurbishment – Measure of damages

The claimant engaged the defendant to refurbish an Abar HR50 furnace. Although there were some difficulties with the installation and commissioning of the furnace, it was completed to the apparent satisfaction of the parties and it entered service in October 2019. On 15 June 2021 a serious incident occurred during the operation of the Abar, which resulted in the furnace being taken out of commission. The claimant brought a claim for damages for breach of contract against the defendant.