Publisher Citation: [2012] All ER (D) 312 (Oct)
Neutral Citation: [2012] EWHC 4080 (QB)
Court: Queen's Bench Division

Judge Mitchell sitting as a judge of the High Court (judgment delivered extempore)

Representation Gerard Rothschild (instructed by Moon Beaver) for the claimant.
  Jeffrey Jupp (instructed by McKenna & Co) for the defendant.
Judgment Dates: 30 October 2012


Contract - Breach - Supply of electricity - Claimant supplying electricity to defendant company - Defendant failing to pay amount invoiced due to dispute over alleged usage of electricity - Claimant claiming for sums owed - Whether claimant entitled to sums claimed.

The Case

Contract Breach. The Queen's Bench division found that the claimant utilities company had proved its case on the balance of probabilities that the defendant owed the sum of money involved for the usage of electricity over the relevant period. The defendant's evidence lacked particularity and went nowhere indicating that the claimant had failed to prove its case.

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