Rhodia International Holdings Ltd and Rhodia UK Ltd v Huntsman International LLC [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 292, 21 February 2007. Considered the term reasonable endeavours in relation to obtaining consent to the novation of energy supply contracts. Claimant companies (R) had agreed to sell its chemical business to defendant company (H). Under the sale and purchase agreement both parties were obliged to use reasonable endeavours to obtain the consent of the supplier to the novation of a contract. Although H's subsidiary took over the running of the energy supply contracts, they were not novated to them. The energy supplier commenced arbitration proceedings against R for the non-payment of invoices, which R then tried to pass on to H, submitting that H had failed to use its reasonable endeavours to obtain the supplier's consent to the novation. "Held": H was in breach of its reasonable endeavours obligations; judgment in favour of R.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 137727-2001 |
[2007] EWHC 292, 21 February 2007. Considered the term reasonable endeavours in relation to obtaining consent to the novation of energy supply contracts. Claimant companies (R) had agreed to sell its chemical business to defendant company (H). Under the sale and purchase agreement both parties were obliged to use reasonable endeavours to obtain the consent of the supplier to the novation of a contract. Although H's subsidiary took over the running of the energy supply contracts, they were not novated to them. The energy supplier commenced arbitration proceedings against R for the non-payment of invoices, which R then tried to pass on to H, submitting that H had failed to use its reasonable endeavours to obtain the supplier's consent to the novation. "Held": H was in breach of its reasonable endeavours obligations; judgment in favour of R.