BT Cornwall Ltd v Cornwall Council & Ors

BT Cornwall Ltd v Cornwall Council & Ors

Assessed as at 20 July 2015, BTC was in material breach of the Agreement due to repeated KPI failures, and the Defendants were entitled to terminate the Agreement forthwith. No waiver, KPI Backlog Agreement, estoppel, or affirmation prevented termination. BTC was not entitled to an injunction to restrain termination.

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; injunction refused.
Legal Topics
Material Breach, Termination of Contract, Key Performance Indicators (kpis), Injunctions, Waiver, Estoppel, Good Faith in Contracts
Contract Law Commercial Law Public Procurement Material Breach Termination of Contract Key Performance Indicators (kpis) Injunctions Waiver +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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, BTC was in breach of the Agreement entitling the Defendants to terminate forthwith
  2. 2 Whether BTC should be granted an injunction to restrain termination

Ratio Decidendi

Assessed as at 20 July 2015, BTC was in material breach of the Agreement due to repeated KPI failures, and the Defendants were entitled to terminate the Agreement forthwith. No waiver, KPI Backlog Agreement, estoppel, or affirmation prevented termination. BTC was not entitled to an injunction to restrain termination.

Court Disposition

Claim dismissed; Defendants entitled to terminate; injunction refused.

Orders

  • BTC's claim for an injunction is dismissed.
  • Defendants are entitled to terminate the Agreement forthwith.