Peregrine Systems Ltd v Steria Ltd. [2005] EWCA Civ 239 (14 March 2005)

Peregrine Systems Ltd v Steria Ltd. [2005] EWCA Civ 239 (14 March 2005)

The contract required Peregrine only to provide £200,000 worth of implementation services, not to complete full implementation. Peregrine fulfilled this obligation by 25 November 2002. There was no continuing obligation to complete implementation within a reasonable time after that. Even if there had been breaches, Steria, by its conduct and continued use of the software and services, affirmed the contract and waived any right to terminate for those breaches.

Citation
[2005] EWCA Civ 239
Parties
Claimant/respondent: Peregrine Systems Limited; Defendant/appellant: Steria Limited
Jurisdiction
England and Wales
Judgment Date
14 March 2005
Procedural Posture
Civil Appeal / Appeal From Technology and Construction Court Judgment
Outcome
Appeal dismissed
Legal Topics
Repudiatory Breach, Waiver, Affirmation of Contract, Implied Terms, Time for Performance, Termination of Contract
Contract Law Commercial Law Repudiatory Breach Waiver Affirmation of Contract Implied Terms Time for Performance Termination of Contract

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Parties

Peregrine Systems Limited

Claimant/respondent

Steria Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Technology and Construction Court Judgment

Legal Issues

  1. 1 Whether Peregrine was in repudiatory breach of contract regarding time for performance
  2. 2 Whether Steria had waived its right to terminate the contract for alleged breaches

Ratio Decidendi

The contract required Peregrine only to provide £200,000 worth of implementation services, not to complete full implementation. Peregrine fulfilled this obligation by 25 November 2002. There was no continuing obligation to complete implementation within a reasonable time after that. Even if there had been breaches, Steria, by its conduct and continued use of the software and services, affirmed the contract and waived any right to terminate for those breaches.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Peregrine Systems Limited in the sum of £732,602.74 inclusive of interest
  • Steria Limited's counterclaim dismissed