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In {{cite|Polypearl | In {{cite|Polypearl Limited|E.ON Energy Solutions Limited|2014|EWHC|3045}} Polypearl entered a contract with E.ON under which E.On had to buy 153,000m<sup>3</sup> of cavity wall adhesive. Don’t laugh — this is someone’s livelihood. E.ON failed to purchase it, and as a result Polypearl 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 loss|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]])” | E.On claimed exclusion for liability for “any [[Indirect loss|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. | 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. |