Amadeus IT Group SA v Lycamobile UK Ltd

Amadeus IT Group SA v Lycamobile UK Ltd

The defendant failed to identify any contractual provision breached by the claimant, and the contract was properly executed and terminated in accordance with its terms. The defence has no real prospect of success, and the claim is properly construed as a debt claim for the contractual minimum order value.

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
Outcome
summary judgment granted for the claimant
Legal Topics
Summary Judgment, Breach of Contract, Termination of Contract, Debt Claim
Contract Law Summary Judgment Breach of Contract Termination of Contract Debt Claim

Case Brief

Summary, issues, holding and outcome

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Parties

Amadeus IT Group SA

Claimant

Lycamobile UK Limited

Defendant

Procedural Posture

Commercial / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant has real prospects of success in defending the claim for payment under the contract
  2. 2 Whether there was a fundamental breach of contract by the claimant
  3. 3 Whether the agreement was properly executed and in force

Ratio Decidendi

The defendant failed to identify any contractual provision breached by the claimant, and the contract was properly executed and terminated in accordance with its terms. The defence has no real prospect of success, and the claim is properly construed as a debt claim for the contractual minimum order value.

Court Disposition

summary judgment granted for the claimant

Orders

  • Judgment for the claimant for €1,900,000
  • Costs awarded on indemnity basis, rounded down to £60,000