July 4th, 2024 by James Goudie KC

In PEVENSEY COASTAL DEFENCE LTD v ENVIRONMENT AGENCY ( 2024 ) EWHC 1435 ( TCC ) it is held that, on the proper construction of a 25 year PFI agreement, for the provision of services, for the delivery of sea defences, the service provider could, retrospectively, make a claim for ADDITIONAL COST that it had incurred, as a result of a material increase in the FREQUENCY OF STORM EVENTS in the second decade of the PFI agreement, compared with its first decade. The ability to budget for a dynamic situation was a central element of the PFI agreement.

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