[2025] UKUT 00138 (LC)

We now turn to the P3 contract which it is agreed would have been made in the no scheme world for continued production at WWH. We look separately at price, at whether there would have been an MGV, and at the market share the claimant would have achieved under this contract. In light of our findings on duration (Issue 2, above) we work on the basis that production would have continued at WWH beyond the fixed term and extensions of the P3 contract, but we have been offered no evidence about what the terms of future agreements might be and we expect the accountants to make their projections up to 2036 on the basis of our findings about the P3 contract.