Template:Polypearl Eon headnote
In Polypearl Limited v E.ON Energy Solutions Limited Polypearl entered a contract with E.ON under which E.On had to buy 153,000m3 of cavity wall adhesive. Don’t laugh — this is someone’s livelihood. E.ON failed to purchase it, and as a result Polypearly suffered a loss of profit on the actual sale of those contracts of over two million quid (essentially its revenue less costs of production). Polypearl also claimed a loss of opportunity to share in carbon savings it would have made had the contract been performed.
E.On claimed exclusion for liability for “any indirect or consequential loss, (both of which include, without limitation, pure economic loss, loss of profit, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence)”
The Judge found this a good example of a loss of profit that was a direct loss, and that this liability was not therefore excluded by that exclusion. Sensible outcome reached.