SWI Ltd v P & I Data Services Ltd

SWI Ltd v P & I Data Services Ltd

The subcontracts were fixed price contracts with no express or implied term entitling P&I to reduce the price due to variations requested by GSK and passed to SWI. The doctrine of substantial performance did not apply as SWI performed as requested and was not in breach. The appeal was dismissed.

Parties
Respondent: SWI Ltd; Appellant: P & I Data Services Ltd
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Civil Appeal / Appeal From Luton County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Fixed Price Contracts, Implied Terms, Substantial Performance, Variation of Contract
Contract Law Construction Law Fixed Price Contracts Implied Terms Substantial Performance Variation of Contract

Case Brief

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Parties

SWI Ltd

Respondent

P & I Data Services Ltd

Appellant

Procedural Posture

Civil Appeal / Appeal From Luton County Court Judgment

Legal Issues

  1. 1 Whether the subcontracts were fixed price or unit price contracts
  2. 2 Whether there was an express or implied term allowing for variation and price reduction
  3. 3 Whether the doctrine of substantial performance entitled the appellant to a reduction in price

Ratio Decidendi

The subcontracts were fixed price contracts with no express or implied term entitling P&I to reduce the price due to variations requested by GSK and passed to SWI. The doctrine of substantial performance did not apply as SWI performed as requested and was not in breach. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment for SWI Ltd in the sum of £51,114.66 stands
  • No reduction in contract price allowed for variations requested by GSK and passed to SWI