Source: All England Reporter
Publisher Citation: [2017] All ER (D) 37 (Sep)
Neutral Citation: [2017] EWHC 2197 (TCC)
Court: Queen's Bench Division (Technology and Construction Court)

O'Farrell J

Representation Alex Charlton QC (instructed by Clarion Solicitors Ltd) for Trust.
  Zoe O'Sullivan QC (instructed by CMS Cameron McKenna Nabarro Olswang LLP) for ATOS.
Judgment Dates: 31 August 2017


Commercial contract - Construction - Damages for wasted expenditure

The Case

Commercial contract Construction. The claimant NHS Trust brought a claim against the defendant for damages for wasted expenditure due to the latter's alleged repudiatory breach of a contract for the provision of health record scanning, electronic document management and associated services. The Technology and Construction Court ruled, on preliminary issues, that a clause in the contract did not exclude, and was no bar to, the claimant's claims for wasted expenditure on a reliance loss basis. It further held that the limitation of liability provision in the contract was valid and enforceable.

Practice Areas

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