PBS Energo AS v Bester Generacion UK Ltd

Watson Farley & Williams has secured a victory for Bester Generation UK before the English Technology and Construction Court.

Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd, rejecting PBS’s purported termination of the parties’ subcontract for the engineering, procurement, construction and commissioning of a biomass fired energy generating plant in Wrexham, Wales and finding that in fact Bester had validly terminated the contract. On that basis, Mrs Justice Cockerill DBE dismissed PBS’s claims in full and held that Bester’s counterclaim succeeded.

The judgment reverses an earlier adjudication award against Bester which found that PBS had validly terminated the subcontract, and a later parasitic adjudication award in which the adjudicator made an award of damages in favour of PBS.

The WFW London Dispute Resolution team that successfully advised Bester in both the enforcement and TCC proceedings was led by Partner and London Dispute Resolution Co-Head Rebecca Williams (Picture), supported by Senior Associates Andreas Efstathiou, Alexander Creswick and Mark McAllister-Jones, and counsel Steven Walker QC of Atkin Chambers and Tom Owen of Keating Chambers.

Involved fees earner: Alexander Creswick – Watson Farley & Williams; Andreas Efstathiou – Watson Farley & Williams; Mark McAllister-Jones – Watson Farley & Williams; Rebecca Williams – Watson Farley & Williams;

Law Firms: Watson Farley & Williams;

Clients: Bester UK;