CENTRICA PLC V PREMIER POWER LTD

[2007] EWCA Civ 1225, CA (Waller, Longmore, Hughes LJJ), 27 November 2007

Contracts – Factual matrix – Energy – Change of circumstances – Whether payments made to a third party for operation, repair or maintenance of a pipeline were recoverable under the agreement

This was the appeal from the judgment of Gloster J in [2006] EWHC 3068 (Comm). On a true construction, a clause in a gas supply agreement permitted recovery of balancing and scheduling charges. The appeal on variation, had it arisen, would have been allowed.