EE Ltd v Avanti Broadband Ltd [2025] EWHC 1160 (TCC) (15 May 2025)

EE Ltd v Avanti Broadband Ltd [2025] EWHC 1160 (TCC) (15 May 2025)

The SOW and GSA do not create an indefinite obligation on Avanti to supply services to EE beyond the expiry of the agreed pricing period and in the absence of accepted purchase orders. The contractual structure requires accepted orders for binding obligations to arise. The balance of convenience does not favour granting an interim injunction compelling Avanti to continue supplying services at disputed rates, particularly given the commercial realities and the lack of a clear ongoing contractual obligation.

Citation
[2025] EWHC 1160 (TCC)
Parties
Claimant: EE Limited; Defendant: Avanti Broadband Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2025
Procedural Posture
Interim Injunction Application / Post Hearing, Judgment on Application for Interim Relief
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Contractual Interpretation, Supply of Goods and Services, Mandatory Vs Prohibitory Injunctions, Reasonable Price Implied Terms
Contract Law Commercial Law Telecommunications Law Interim Injunctions Contractual Interpretation Supply of Goods and Services Mandatory Vs Prohibitory Injunctions Reasonable Price Implied Terms

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Parties

EE Limited

Claimant

Avanti Broadband Limited

Defendant

Procedural Posture

Interim Injunction Application / Post Hearing, Judgment on Application for Interim Relief

Legal Issues

  1. 1 Whether Avanti is contractually obliged to continue providing satellite backhaul services to EE after expiry of agreed pricing period
  2. 2 Whether the SOW or GSA creates an indefinite obligation to supply services
  3. 3 Whether an interim injunction should be granted to restrain Avanti from suspending services pending trial

Ratio Decidendi

The SOW and GSA do not create an indefinite obligation on Avanti to supply services to EE beyond the expiry of the agreed pricing period and in the absence of accepted purchase orders. The contractual structure requires accepted orders for binding obligations to arise. The balance of convenience does not favour granting an interim injunction compelling Avanti to continue supplying services at disputed rates, particularly given the commercial realities and the lack of a clear ongoing contractual obligation.

Court Disposition

Application for interim injunction refused

Orders

  • No interim injunction granted against Avanti
  • EE to pay 50% of March 2025 invoice pending further order