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

[2009] 1 Lloyd's Rep. 391

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.