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This is a contractual claim for damages brought by BP Oil International Limited (“BPOI”) in relation to a cargo of crude oil which BPOI purchased from the defendant (“Glencore”) and which BPOI alleges was contaminated with organic chlorides.
BPOI is an oil trading company incorporated in England and carrying on business in the sale and purchase of crude oil and petroleum products. Glencore is a commodity trading company incorporated in England engaged in the sale and purchase of commodities including crude oil.
By a contract of sale formed in April 2019, the terms of which are disputed, Glencore sold 100,000 MT +/- 10% of Russian Export Blend Crude Oil (“REBCO”) to BPOI, to be loaded between 13 and 18 April 2019, delivered CIF Rotterdam, and at a price of “Dated Brent + 0.53 USD” per barrel.
The contract of sale incorporated by reference BPOI’s General Terms & Conditions for Sales and Purchases of Crude Oil and Petroleum Products 2015 Edition (the “GT&Cs”).
By a contract dated 5 April 2019 BPOI re-sold the cargo of REBCO to an affiliated company, BP Europa SE (“BPESE”) for delivery CIF Wilhelmshaven (the “Sub-Sale”). BPESE intended to process the cargo at its Gelsenkirchen refinery.
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[2026] UKSC 1
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