Originally published in TEDR Volume 12 Issue 3 (publication date not recorded).
[2007] EWHC 2245 (Ch) TEDR Volume 12 Issue 3
The case involved the calling of both factual and expert witnesses to provide evidence and some witnesses who gave both factual AND expert evidence.
The issues in the case arose out of the agreement for, and provision by the claimant of, a nuclear fuel reprocessing service to the owners/operators of certain nuclear power stations and specifically one in Germany, being a reprocessing facility designed and built for the purpose at Sellafield, known as the Thermal Oxide Reprocessing Plant or “THORP”.
The case consisted of claims by BNFL that the defendants had failed to pay the full amounts due under invoices rendered to each of them pursuant to the Service Agreements, as supplemented by the Side Letters. Non-payment was admitted, but the defendants sought to justify non-payment, and to obtain recovery of alleged overpayment, under a series of defences and counter-claims.
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