Expert Tooling and Automation Ltd (claimant/appellant) v Engie Power Ltd (defendant/respondent)

Wednesday 29 – Thursday 30 January 2025

By Appellant’s Notice, filed on 15 April 2024, the Claimant appeals the Order of HHJ Saffman, sitting in retirement as a High Court Judge, dated 26 March 2004, in which he dismissed the Claimant’s claim and made consequential costs orders.

The claimant, who manufactured tools and special purpose machinery, entered into a brokerage agreement with Utilitywise plc (UW) an energy broker (which was dissolved in May 2022 and was not therefore a party to the claim) in order to secure contracts with the defendant to supply electricity to the claimant. The unit price charged to the claimant pursuant to each contract included a sum that was paid by the defendant to UW by way of commission for introducing the claimant to the defendant. That commission varied in respect of each of the 5 contracts and, was at a rate proposed by UW. The commission element increased the unit charge by between 9% and 31% across the contracts.
The claimant conceded it knew that commission would be charged, and the defendant conceded that the claimant was not told of the level of commission but asserted that the claimant was notified that the commission payable would be funded by a supplement added to the unit cost. The claimant refuted this.
The claimant alleges that UW breached its fiduciary obligations and that the defendant was an accessory to the breach and seeks equitable compensation, or alternatively the monies paid.

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Day 2

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