Weatherford Global Products v Hydropath Holdings Ltd & ors [2014] EWHC 2725 (TCC)
A breach of contract claim brought by Weatherford in respect of electronic fluid conditioners for use in the oil and gas industry against the supplier of the devices, Hydropath. Weatherford alleged that the devices breached the warranties supplied because they created sparks in conditions of foreseeable misuse. The claim was denied both as to the allegations that the devices were not safe and as to the extent of the contractual obligations.
The claim was also met by a counterclaim from Hydropath for breach of confidence and contract. As part of that counterclaim Hydropath sought to make additional allegations against its former directors who were now working with Weatherford. These directors were alleged to have induced the breaches of confidence and contract and to have acted in breach of their fiduciary duty.
After a ten day trial involving six expert witnesses and extensive cross-examination the claim was upheld and the counterclaim dismissed. Indemnity costs were awarded in respect of the counterclaim; reflecting the Court’s view that those allegations should not have been made or maintained.
Hugo Cuddigan and Mark Vanhegan QC acted for Weatherford.
Benet Brandreth acted for the directors.
Following the trial, the parties sought and obtained a Non-Party Costs Order against the Principal of the Defendant and Third Party in respect of the costs of their unsuccessful counterclaim.