Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK Ltd

Commercial contract – Construction. The claimant NHS Trust brought a claim against the defendant for damages for wasted expenditure due to the latter's alleged repudiatory breach of a contract for the provision of health record scanning, electronic document management and associated services. The Technology and Construction Court ruled, on preliminary issues, that a clause in the contract did not exclude, and was no bar to, the claimant's claims for wasted expenditure on a reliance loss basis. It further held that the limitation of liability provision in the contract was valid and enforceable.

Category: