Take or pay: does a breach of capacity obligation cause loss?

Published: Feb. 7, 2021, 11 p.m.

In this podcast, Chris Kidd explains the recent Court of Appeal ruling in British Gas Trading Limited v Shell UK Limited, Esso Exploration & Production UK Limited concerning a “take or pay” arrangement, in which the British Gas, the buyers of natural gas were only entitled to nominal damages despite Shell's breach of their capacity obligations as sellers.

Please read the full article here.