Peregrine Systems Ltd v Steria Ltd.

Peregrine Systems Ltd v Steria Ltd.

Peregrine was not contractually obliged to complete implementation within a reasonable time, only to provide £200,000 worth of services; Steria, by continuing to use the software and engage with Peregrine after alleged breaches, affirmed the contract and waived any right to terminate.

Parties
Claimant/respondent: Peregrine Systems Limited; Defendant/appellant: Steria Limited
Jurisdiction
England and Wales
Judgment Date
14 March 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Repudiatory Breach, Waiver, Affirmation, Implied Terms, Termination of Contract
Contract Law Commercial Law Repudiatory Breach Waiver Affirmation Implied Terms Termination of Contract

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Peregrine Systems Limited

Claimant/respondent

Steria Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

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

Ratio Decidendi

Peregrine was not contractually obliged to complete implementation within a reasonable time, only to provide £200,000 worth of services; Steria, by continuing to use the software and engage with Peregrine after alleged breaches, affirmed the contract and waived any right to terminate.

Court Disposition

Appeal dismissed

Orders

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