Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd and Anr – Court of Appeal (Rix, Toulson and Rimer LJJ) – 23 January 2009

Contract – Set-off – Long-term contract between port authority and paper importer providing for contractual minimum tonnage of paper and provision of services by port authority – Importer failing to meet minimum figure and alleging breaches of contract by port authority – Port authority seeking summary judgment based on shortfall – Whether minimum tonnage payment payable without set-off – Whether importer entitled to rely on implied term

(2009) 762 LMLN 2