BT Cornwall Ltd v Cornwall Council & Ors [2015] EWHC 3755 (Comm) (21 December 2015)

BT Cornwall Ltd v Cornwall Council & Ors [2015] EWHC 3755 (Comm) (21 December 2015)

As at 20 July 2015, BTC was in material breach of the Agreement due to repeated KPI failures, with no operative waiver, estoppel, or amendment. The Defendants were contractually entitled to terminate forthwith, and BTC was not entitled to an injunction restraining termination.

Citation
[2015] EWHC 3755 (Comm)
Parties
Claimant: BT Cornwall Limited; First Defendant: Cornwall Council; Second Defendant: Cornwall Partnership NHS Foundation Trust; Third Defendant: Peninsula Community Health CIC
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Commercial Contract Dispute / Judgment After Expedited Trial on Entitlement to Terminate and Injunction
Outcome
Claim dismissed; Defendants entitled to terminate Agreement forthwith; no injunction granted.
Legal Topics
Material Breach, Termination of Contract, Key Performance Indicators (kpis), Service Credits, Remediation Plans, Waiver, Estoppel, Affirmation, Good Faith, Injunctions
Contract Law Public Procurement Commercial Law Material Breach Termination of Contract Key Performance Indicators (kpis) Service Credits Remediation Plans +5 more

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Parties

BT Cornwall Limited

Claimant

Cornwall Council

First Defendant

Cornwall Partnership NHS Foundation Trust

Second Defendant

Peninsula Community Health CIC

Third Defendant

Procedural Posture

Commercial Contract Dispute / Judgment After Expedited Trial on Entitlement to Terminate and Injunction

Legal Issues

  1. 1 Whether, as at 20 July 2015, BT Cornwall Limited was in breach of the Service Delivery Agreement such that the Defendants were entitled to terminate forthwith
  2. 2 Whether BT Cornwall Limited should be granted an injunction to restrain termination

Ratio Decidendi

As at 20 July 2015, BTC was in material breach of the Agreement due to repeated KPI failures, with no operative waiver, estoppel, or amendment. The Defendants were contractually entitled to terminate forthwith, and BTC was not entitled to an injunction restraining termination.

Court Disposition

Claim dismissed; Defendants entitled to terminate Agreement forthwith; no injunction granted.

Orders

  • BTC's claim for injunction refused
  • Declaration that Defendants entitled to terminate Agreement forthwith