JMW’s client conducted work at the initial stages of the production of reusable energy. JMW’s client sued for breach of contract, after the defendant company refused to transport JMW’s client’s product, alleging that JMW’s client had provided unsatisfactory products.

How did JMW help?

JMW partner Michael Kennedy, was able to argue that the product produced by JMW’s client was of satisfactory quality and the judge agreed. The judge said that any unsatisfactory product could and should have been quarantined but the rest of the product could and should have been shipped, for the Defendant to reject to ship any further loads of product amounted to a repudiatory breach of the contract.

Repudiatory breach of contract gives the party suing in breach of contract the opportunity to immediately terminate the contract and claim damages.

The outcome

JMW’s client was awarded damages in excess of £800,000 and while legal costs are still being assessed, they are thought to be upwards of £200,000.

JMW Partner Michael Kennedy said ”we are pleased that the court found in our client’s favour. To refuse to take all of the product because a small amount of the product was of unsatisfactory quality deprived our client of the opportunity to fulfil the contract and therefore I am pleased it amounted to a repudiatory breach of contract.”