|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 33 (Jun)|
|Neutral Citation:|| EWHC 992 (TCC)|
|Court:||Queen's Bench Division, Technology and Construction Court|
|Representation||John McCaughran QC and Laurence Emmett (instructed by McGrigors LLP) for the claimant.|
|David Streatfeild-James QC and Patrick Clarke (instructed by Campbell Hooper) for the defendants.|
|Judgment Dates:||7 May 2008|
Contract - Construction - Exception clause - Availability of set-off defence to claim for unliquidated damages - Claimant agreeing to provide paper handling facilities and services to defendants - Agreement giving claimant right to receive 'minimum tonnage payment' where minimum tonnage of paper not delivered in first contract year - Defendants failing to deliver minimum tonnage - Claimant seeking payment - Defendants withholding payment relying on claimant's failure to provide required services - Claimant's subsequent application for summary judgment granted - Defendant appealing against master's order seeking to set-off liability relying on terms of agreement - Whether reasonable prospect of success on defence of set-off.