The Sun Shines For Wirsol Energy: Guidance On The Circumstances In Which Waiver Can Be Given In A Commercial Contract
| Published date | 26 August 2021 |
| Law Firm | Gatehouse Chambers |
| Author | Ms Emily Husain |
Mr Justice Henshaw handed down judgment on 14 April 2021 in Toucan Energy Holdings Ltd v Wirsol Energy Ltd [2021] EWHC 895 (Comm), a substantive dispute begun in 2018 regarding the construction and sale of 19 solar parks located throughout Great Britain and Northern Ireland.
Wirsol has very successfully defended allegations that it designed and constructed the solar parks defectively, which was said to have caused Toucan significant losses and to require effectively a total re-construction of many of the sites due to allegedly fundamental faults risking catastrophic failures.
Wirsol contended that the solar parks were properly built (save for...
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