Capgemini UK PLC v Dassault Systemes UK Ltd [2024] EWHC 2728 (Comm) (01 November 2024)

Capgemini UK PLC v Dassault Systemes UK Ltd [2024] EWHC 2728 (Comm) (01 November 2024)

The entire agreement clause in the Settlement Agreement does not extinguish the Prime Contractor Agreement in its entirety; it only supersedes prior agreements to the extent of inconsistency with the SA. There is a respectable argument that substantive rights under the PCA survive where not inconsistent. The delay issue is not suitable for summary determination as dependencies and responsibility for data errors are arguable and intertwined with factual matters for trial.

Citation
[2024] EWHC 2728 (Comm)
Parties
Claimant: Capgemini UK PLC; Defendant: Dassault Systemes UK Ltd
Jurisdiction
England and Wales
Judgment Date
01 November 2024
Procedural Posture
Commercial Court Summary Judgment/strike Out Application / Summary Judgment/strike Out Application Under CPR 24 and CPR 3.4
Outcome
Application for summary judgment and strike out dismissed
Legal Topics
Entire Agreement Clauses, Contractual Construction, Implied Terms, Limitation of Liability, Settlement Agreements, Delay and Dependencies
Contract Law Commercial Law Entire Agreement Clauses Contractual Construction Implied Terms Limitation of Liability Settlement Agreements Delay and Dependencies

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 3 Authorities cited 20 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Capgemini UK PLC

Claimant

Dassault Systemes UK Ltd

Defendant

Procedural Posture

Commercial Court Summary Judgment/strike Out Application / Summary Judgment/strike Out Application Under CPR 24 and CPR 3.4

Legal Issues

  1. 1 Whether the entire agreement clause in the Settlement Agreement extinguishes the Prime Contractor Agreement and precludes reliance on its terms
  2. 2 Whether Capgemini is contractually responsible for errors in data provided by Royal Mail Group, affecting delay and payment

Ratio Decidendi

The entire agreement clause in the Settlement Agreement does not extinguish the Prime Contractor Agreement in its entirety; it only supersedes prior agreements to the extent of inconsistency with the SA. There is a respectable argument that substantive rights under the PCA survive where not inconsistent. The delay issue is not suitable for summary determination as dependencies and responsibility for data errors are arguable and intertwined with factual matters for trial.

Court Disposition

Application for summary judgment and strike out dismissed

Orders

  • No summary judgment granted on entire agreement clause issue
  • No summary judgment granted on delay construction issue