![HT-2024-000379 - [2025] EWHC 2769 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 2769 (TCC)
Case No: HT-2024-000379
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
TECHNOLOGY AND CONSTRUCTION COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 28th October 2025
Before :
Andrew Singer KC, sitting as a judge of the TCC
Between :
SPECIAL METALS WIGGIN LIMITED | Claimant |
- and – | |
CORROTHERM INTERNATIONAL LIMITED | Defendant |
Mr Alexander Burrell (instructed by HCR Legal LLP) for the Claimant
Mr James Culverwell (instructed by Paris Smith LLP) for the Defendant
Hearing date: 16th September 2025
APPROVED JUDGMENT
This judgment was handed down remotely at 10.30am on Tuesday 28th October 2025 by
circulation to the parties or their representatives by e-mail and by release to the National
Archives.
- 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