PORT OF TILBURY (LONDON) LTD v STORA ENSO TRANSPORT & DISTRIBUTION LTD AND ANOTHER

[2009] Lloyd's Rep Plus 23

COURT OF APPEAL

Before Lord Justice Rix, Lord Justice Toulson and Lord Justice Rimer

Contract – Set-off – Long-term contract between port authority and paper importer – Paper importer agreeing to minimum annual throughput of paper – Importer failing to meet minimum figure and alleging breaches of contract by port authority – Port authority seeking summary judgment based on shortfall – Whether contract contained no set-off provision – Whether importer entitled to rely on implied term.