Striking a deal — say what you mean and mean what you say
Proton Energy Group SA v Public Company Orlen Lietuva  EWHC 2872 (Comm)
The Proton case was first brought to the attention of the Commercial Court in February 2013, when an application for summary judgment was sought by the claimant, Proton. The summary issue to be determined was whether a legally binding contract had been concluded, and furthermore, whether expert evidence could be adduced to assist the court in deciding whether a binding contract had been formed.
Interestingly, the court allowed Orlen to adduce evidence from a market expert to provide industry background regarding expectation as to when a contract would be deemed legally binding. The court dismissed Proton’s application for summary judgment holding that there was a real issue to be tried. The above decision follows the court’s assessment as to whether the parties were agreed on all the terms that were objectively regarded as essential for the formation of a legally binding contract. The case highlights the importance of ensuring any communications made during negotiations are clearly drafted and truly reflect a parties intentions.
Proton, a Swiss trader of oil and gasoline products and Orlen, a petroleum-refining company incorporated in Lithuania, exchanged emails regarding the sale and purchase of a crude oil mix. The following exchanges took place between the parties…
Click on the link below to read the rest of the Eversheds briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Eversheds
News from The Lawyer
Briefings from Eversheds
Case supports the view that a claim for breach of statutory duty is possible in relation to a contract award by a public body beyond the scope of the procurement regulations.
Tools that can be used to: minimise the risk of disputes; formulate and respond to claims; and resolve disputes.
Analysis from The Lawyer
Eversheds is no stranger to an international tie-up but now it’s in the market for the jewel in its global crown
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all