Rotam Agrochemical Company Ltd & Anor v GAT Microencapsulation GMBH [2018] EWHC 2765
This trial in the Commercial Court concerned an attempted collaboration in relation to the production of a capsule suspension formulation for Clomazone, a plant protection product. Rotam alleged that GAT had breached two contracts: an oral collaboration agreement and a written agreement relating to the transfer of regulatory data. Rotam sought damages for lost profits and wasted expenditure. GAT’s case was that no collaboration agreement had been concluded and that the data transfer agreement had not been executed because it had never been signed by GAT. Butcher J dismissed Rotam’s contractual claims, holding that neither alleged agreement had been entered into. The judge also dismissed Rotam’s tortious claim for negligent mis-statement but did find that GAT had been unjustly enriched through the payment of certain sums by Rotam during the attempted collaboration.
Hugo Cuddigan QC and Chris Aikens acted for GAT.