Royal Devon & Exeter NHS Foundation Trust v ATOS IT Services UK Ltd

Contract – Construction. Under the terms of the contract the defendant's liability was capped separately for defaults in the first year than for default or defaults occurring in the years 2, 3, 4 or 5, where the defendant's liability was capped at a lower sum. So the Court of Appeal, Civil Division, held in allowing the claimant's appeal on a preliminary issue.

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