FG Wilson (Engineering) Ltd v John Holt & Company (Liverpool) Ltd

Charles Hollander QC and Jasbir Dhillon (instructed by Walker Morris LLP) for the Claimant Stephen Cogley QC and Jeremy Richmond (instructed by DLA Piper UK LLP) for the Defendant Hearing dates: 23,24,25 & 26 July 2012 ____________________

(7) US$ 448,115.41 in respect of late payment charges on 276 invoices; these invoices related to the sale of CBUs, CKDs and spare parts, haulage charges, training services and software licences, which were paid by Holt Liverpool, but paid late; the sum allegedly due and owing is calculated at the rate of 6.25%, being US prime + 3% which is the late payment interest rate provided for in FG Wilson's standard terms and conditions;

(8) contractual interest at the rate of 6.25% on the above sums which form the subject matter of its claim.

(2) CKDs . The same system was used for ordering CKDs as that for orders for CBUs, using the web portal Gensets Online. All the invoices for CKDs contained the same reference to FG Wilson's Standard Terms and Conditions of Sale as the invoices for CBUs.

(4) Haulage . When Holt wanted FG Wilson to arrange transport of goods from the factory at Larne to the port of shipment, haulage was agreed on an ad hoc basis by exchange of emails. The emails in relation to the haulage services in dispute in the current action do not contain any reference to standard terms and conditions. However, each invoice for these and prior haulage services contained the same rubric as the invoices for CBUs with its reference to the FG Wilson Standard Terms and Conditions of Sale.