![HT-2024-000379 - [2025] EWHC 2769 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
Conclusions
Recorder ANDREW SINGER KC
Case No HT-2024-000379
IN THE HIGH COURT OF JUSTICE
TECHNOLOGY AND CONSTRUCTION COURT(KBD)
B E T W E E N :
SPECIAL METALS WIGGIN LIMITED
Claimant
and
CORROTHERM INTERNATIONAL LIMITED
Defendant
APPROVED JUDGMENT
- Heading
- Introduction
- Issue 1 : Does the Defendant have a real prospect of defending the claim for breach of trust (including if this is a valid trust)?
- Issue 2 : What is the correct interpretation of Clauses 6 and 7(b) and to what extent do they exclude the Defendant’s defence and counterclaims?
- Issue 3 : The effect of non-compliance of the condition precedent within Clause 6 in respect of the Unpaid Contracts and whether Clause (c) otherwise has a limiting effect on claims under the Paid Con
- Issue 4 : Whether Clause 7(b) is reasonable having regard to UCTA
- Issue 5 : Whether Clause 7(c) excludes all of the Defendant’s counterclaims for deliveries prior to 7 th February 2024
- Conclusions