EXPERT TOOLING AND AUTOMATION LTD V ENGIE POWER LTD

[2025] EWCA Civ 292, Court of Appeal, Lady Justice Asplin, Lord Justice Snowden and Lord Justice Zacaroli, 21 March 2025

Agency – Scope of agent's duty – Half-secret commission – Full and informed consent – Running of limitation period – Limitation Act 1980, sections 5 and 36

Tooling entered into contracts for the supply of electricity from Engie. Tooling used the services of Utilitywise plc (UW) to negotiate and in some cases execute those contracts. UW was not paid by Tooling but received commission from Engie, the amount of which was added to the unit price paid by Tooling to Engie. Tooling knew that UW would be paid commission but did not know how much (half-secret commission).