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England and Wales High Court (Technology and Construction Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> DBE Energy Ltd v Biogas Products Ltd  EWHC 401 (TCC) (17 January 2020)
Cite as:  EWHC 401 (TCC)
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QUEEN'S BENCH DIISION
TECHNOLOGY & CONSTRUCTION COURT (QBD)
London, EC4A 1NL
B e f o r e :
|DBE ENERGY LIMITED||Claimant|
|BIOGAS PRODUCTS LIMITED||Defendant|
Official Court Reporters and Audio Transcribers
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** This transcript has been approved by the Judge **
____________________ Crown Copyright ©
MS N. ATKINS (instructed by Mills & Reeve LLP) appeared on behalf of the Defendant.
Crown Copyright ©
This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved
MR JUSTICE WAKSMAN:
"32. [They] proceeded to destroy the second Pasteurising Tank and procure unnecessarily expensive replacement tanks, instead of implementing the process of hydraulic separation set out above...
33.3 It was not necessary to replace the Tank Heaters in the Pasteurisation Tanks for the reasons set out above… The missing hydraulic separation could have been implemented easily and at minimal cost to limit pressure to the second Pasteurisation Tank, thus avoiding any delay in operation."
"They could have gone forward and purchased new equipment, but with the safeguard of the hydraulic separation and the heat exchangers"
and this has been addressed in the claimant's Reply."
"The missing hydraulic separation could have been implemented easily and at minimal cost to limit pressure to the second Pasteurisation Tank, thus avoiding any delay in operation."