Calor Wins Against Unauthorised
Handling
Calor Gas Ltd has won a High Court Injunction
against the national DIY retailer, Homebase, supporting Calor’s
right to prevent unauthorised third parties from handling its
cylinders.
Homebase ceased to be authorised by Calor
as a cylinder retailer in February 2007. Following the termination
of the trading
arrangement,
Calor says it made it clear that it would be unlawful for Homebase
to handle its cylinders, as they were no longer authorised to
do so. However, Homebase continued to accept Calor’s cylinders
at its outlets and Calor brought the action.
Mr Justice Henderson
upheld Calor's primary assertion that Homebase had unlawfully
interfered with its cylinders and, saying that
Homebase had no arguable case in the matter, he awarded Calor
substantial costs.
General manager of Calor's cylinder business,
Stewart Woolley, said: “This ruling is a victory, not just
for us and our national network of loyal retailers – who
rely on the safe and secure supply of Calor cylinders to support
their local customers – but
for all those in the industry who seek to maintain the proper
control of their assets. The retention of ownership of lpg cylinders
by the gas supplier is a longstanding principle within the UK
and has, amongst other things, undoubtedly contributed to the
excellent safety record that this industry has maintained over
its 70-year history. Further, customers who have, in good faith,
chosen Calor as their supplier, have the right not to be deprived
of their Calor cylinder by stealth.”
Return to June/July
2007 News
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