Tele2 International Card Company SA & Ors v Post Office Ltd [2008] EWHC 158 (QB) (25 February 2008)

Tele2 International Card Company SA & Ors v Post Office Ltd [2008] EWHC 158 (QB) (25 February 2008)

The Post Office was entitled to terminate the Agreement under clause 11.4.1 for breach of clause 3.10.2, as the breach was incapable of remedy and clause 16 precluded waiver or affirmation by delay, neglect, or forbearance. There was no novation or assignment to C3 (UK); only Tele2 Ireland, as party to the Agreement, was entitled to claim damages, subject to proof of loss. The Post Office's continued performance did not amount to affirmation overriding its contractual right to terminate.

Citation
[2008] EWHC 158
Parties
Claimant: Tele2 International Card Company SA; Claimant: Kub 2 Technology Limited (formerly C3 Calling Card Company (Ireland) Limited); Claimant: Kub 7 Technology Limited (formerly Calling Card Company (UK) Limited); Defendant/part 20 Claimant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2008
Procedural Posture
Commercial Contract Dispute / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Termination of Contract, Novation, Assignment, Breach of Contract, Damages, Waiver, Affirmation
Contract Law Commercial Law Termination of Contract Novation Assignment Breach of Contract Damages Waiver +1 more

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Parties

Tele2 International Card Company SA

Claimant

Kub 2 Technology Limited (formerly C3 Calling Card Company (Ireland) Limited)

Claimant

Kub 7 Technology Limited (formerly Calling Card Company (UK) Limited)

Claimant

Post Office Limited

Defendant/part 20 Claimant

Procedural Posture

Commercial Contract Dispute / High Court Judgment

Legal Issues

  1. 1 Whether the Post Office validly terminated the Agreement for breach of clause 3.10.2
  2. 2 Whether Tele2 Ireland or C3 (UK) was entitled to claim damages
  3. 3 Whether the Post Office affirmed the Agreement by continued performance

Ratio Decidendi

The Post Office was entitled to terminate the Agreement under clause 11.4.1 for breach of clause 3.10.2, as the breach was incapable of remedy and clause 16 precluded waiver or affirmation by delay, neglect, or forbearance. There was no novation or assignment to C3 (UK); only Tele2 Ireland, as party to the Agreement, was entitled to claim damages, subject to proof of loss. The Post Office's continued performance did not amount to affirmation overriding its contractual right to terminate.

Court Disposition

Claim dismissed

Orders

  • Claimants' claims for damages for wrongful termination and breach dismissed
  • Post Office's cross-claims for expiry revenue and additional fees addressed according to contractual entitlement