Citation: [2025] EWHC 3143 (TCC)
The court dismissed an application for summary judgment and/or striking out. The claimant reply did not raise any new causes of action and allowed the court to discern the nature of its claim, which had a real prospect of success.BackgroundThe dispute concerned the construction of an anaerobic digestion plant at Court Lodge Farm in Kent. The Respondent (“BioConstruct”) specialised in building renewable energy facilities. In 2018, the Applicant (“GTP”) entered into a subcontract with BioConstruct for the construction of the plant.Once operational, the plant was intended to produce biomethane gas and electricity by processing the agreed Design Feedstock. GTP maintained that under the subcontract, the Design Feedstock was required to include specified quantities of whole plant, rye, silage, cattle manure with straw, maize silage, cattle slurry, wheat, straw, water, fermentation substrate, whey permeate and chicken droppings.The subcontract set out 14 payment milestones. The dispute arose because GTP did not pay Milestones 14, RR1 and RR2. By its Application Notice, GTP sought summary judgment and/or strike-out of most of the claim. It argued that (a) the subcontract was a milestone…
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