Commodities in Focus weekly – issue 133
Unpaid seller's ability to claim the price for goods it retains title to but has delivered - CE Energy DMCC v Ultimate Oil and Gas DMCC and Mr Bashar [2025] EWHC 297 (COMM)
In a judgment handed down on two summary judgment applications earlier this year in CE Energy DMCC v Ultimate Oil and Gas DMCC and Mr Bashar [2025] EWHC 297 (Comm) the English Commercial Court analysed in detail the current state of law on an unpaid seller's ability claim for price where it has delivered the goods, but retains title to them under a retention of title clause. Whilst the Court gave judgment in favour of the unpaid seller, having given leave to appeal to the Court of Appeal it highlighted various issues with the present state of the law, which the Judge said is ripe for some guidance from higher courts. The Judgment also contains important observations on the construction of guarantees as well as the application of the concept of contractual estoppel.
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