Harbinger UK Ltd v GE Information Services Ltd [1999] EWCA Civ 3057 (21 December 1999)

Harbinger UK Ltd v GE Information Services Ltd [1999] EWCA Civ 3057 (21 December 1999)

The words 'in perpetuity' in clause 10 mean that the support and maintenance obligation survives termination of the Agreement and continues without limit of time, subject only to the licensee's willingness to continue making annual payments.

Source-derived case information.

Citation
[1999] EWCA Civ 3057
Parties
Claimant/respondent: Harbinger UK Limited; Defendant/appellant: GE Information Services Limited
Jurisdiction
England and Wales
Judgment Date
21 December 1999
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Technology and Construction Court
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Interpretation of Contractual Terms, Survival of Obligations Post Termination, Support and Maintenance Agreements
Contract Law Commercial Law Interpretation of Contractual Terms Survival of Obligations Post Termination Support and Maintenance Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Harbinger UK Limited

Claimant/respondent

GE Information Services Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Technology and Construction Court

Legal Issues

  1. 1 Does clause 10 (support and maintenance) survive termination of the VAR Agreement under clause 3?
  2. 2 For how long does the support and maintenance obligation continue after termination?

Ratio Decidendi

The words 'in perpetuity' in clause 10 mean that the support and maintenance obligation survives termination of the Agreement and continues without limit of time, subject only to the licensee's willingness to continue making annual payments.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Respondents to pay the appellant's costs of the appeal and cross-appeal.