EE Limited v Avanti Broadband Limited

EE Limited v Avanti Broadband Limited

The GSA/SOW do not impose an indefinite obligation on Avanti to supply services absent accepted purchase orders. Clause 2.3 of the GSA is clear that a binding contract arises only upon acceptance of an order. EE's construction is commercially unrealistic and unsupported by the contract. No serious issue to be tried arises for the grant of an injunction.

Parties
Claimant: EE Limited; Defendant: Avanti Broadband Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2025
Procedural Posture
Commercial Injunction Application / Interlocutory Judgment
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Contractual Interpretation, Supply of Goods and Services, Framework Agreements
Contract Law Commercial Law Interim Injunctions Contractual Interpretation Supply of Goods and Services Framework Agreements

Case Brief

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Parties

EE Limited

Claimant

Avanti Broadband Limited

Defendant

Procedural Posture

Commercial Injunction Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether Avanti is contractually obliged to continue supplying satellite mobile backhaul services to EE beyond expiry of pricing terms
  2. 2 Whether EE is entitled to interim injunctive relief to restrain Avanti from suspending services pending trial or migration
  3. 3 Whether the GSA/SOW creates an indefinite supply obligation absent accepted purchase orders

Ratio Decidendi

The GSA/SOW do not impose an indefinite obligation on Avanti to supply services absent accepted purchase orders. Clause 2.3 of the GSA is clear that a binding contract arises only upon acceptance of an order. EE's construction is commercially unrealistic and unsupported by the contract. No serious issue to be tried arises for the grant of an injunction.

Court Disposition

Application dismissed

Orders

  • Interim injunction refused
  • No order as to expedited trial