Amadeus IT Group SA v Lycamobile UK Ltd [2015] EWHC 677 (Comm) (06 February 2015)

Amadeus IT Group SA v Lycamobile UK Ltd [2015] EWHC 677 (Comm) (06 February 2015)

The defendant failed to identify any contractual provision breached by the claimant or to establish any real prospect of a successful defence; the claim is for a debt due under the contract, not damages, and summary judgment is appropriate.

Citation
[2015] EWHC 677 (Comm)
Parties
Claimant: Amadeus IT Group SA; Defendant: Lycamobile UK Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Commercial Summary Judgment Application / Summary Judgment
Outcome
Summary judgment for the claimant
Legal Topics
Summary Judgment, Breach of Contract, Debt Claim, Indemnity Costs
Contract Law Commercial Law Summary Judgment Breach of Contract Debt Claim Indemnity Costs

Case Brief

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Parties

Amadeus IT Group SA

Claimant

Lycamobile UK Limited

Defendant

Procedural Posture

Commercial Summary Judgment Application / Summary Judgment

Legal Issues

  1. 1 Whether the defendant has a real prospect of defending the claim for payment under the contract
  2. 2 Whether there was a fundamental breach by the claimant
  3. 3 Whether the claim is properly for debt or damages

Ratio Decidendi

The defendant failed to identify any contractual provision breached by the claimant or to establish any real prospect of a successful defence; the claim is for a debt due under the contract, not damages, and summary judgment is appropriate.

Court Disposition

Summary judgment for the claimant

Orders

  • Judgment for the claimant for the sum claimed under the contract
  • Defendant to pay indemnity costs, summarily assessed at £60,000