Rebellion Interactive Ltd v Square Enix (2009) Ltd

Rebellion Interactive Ltd v Square Enix (2009) Ltd

The court found the 4 February 2010 letter ambiguous and insufficiently clear to extinguish accrued claims for milestone payments prior to 5 February 2010. The factual context indicated ongoing discussions about refocused deliverables, not a waiver of prior claims. The claimant's claims for milestones 6, 7, 8, and 9 had a real prospect of success and were unsuitable for summary determination.

Parties
Claimant: Rebellion Interactive Ltd; Defendant: Square Enix (2009) Ltd
Jurisdiction
England and Wales
Judgment Date
27 May 2016
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Defendant's application for summary judgment dismissed
Legal Topics
Summary Judgment, Contractual Interpretation, Termination of Contract, Quantum Meruit, Milestone Payments
Contract Law Commercial Law Summary Judgment Contractual Interpretation Termination of Contract Quantum Meruit Milestone Payments

Case Brief

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Parties

Rebellion Interactive Ltd

Claimant

Square Enix (2009) Ltd

Defendant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the letter dated 4 February 2010 extinguished claims for milestone payments prior to 5 February 2010
  2. 2 Whether the claimant is entitled to payments for milestones 6, 7, 8, and 9 following termination
  3. 3 Whether the defendant breached the agreement by failing to approve deliverables

Ratio Decidendi

The court found the 4 February 2010 letter ambiguous and insufficiently clear to extinguish accrued claims for milestone payments prior to 5 February 2010. The factual context indicated ongoing discussions about refocused deliverables, not a waiver of prior claims. The claimant's claims for milestones 6, 7, 8, and 9 had a real prospect of success and were unsuitable for summary determination.

Court Disposition

Defendant's application for summary judgment dismissed

Orders

  • All claimant’s claims in respect of milestones 6, 7, 8, and 9 to proceed to trial