Capgemini UK PLC v Dassault Systemes UK LTD
| Judge | SEAN O’SULLIVAN KC |
| Neutral Citation | [2024] EWHC 2728 (Comm) |
| Year | 2024 |
| Court | Queen's Bench Division (Commercial Court) |
| Counsel | Rajesh Pillai Kc,Emma Hughes,Matthew Lavy Kc,Daniel Khoo |
| Date | 01 November 2024 |
Neutral Citation Number: [2024] EWHC 2728 (Comm)
Case No: CL- 2023-000551
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT (KBD)
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 01/11/2024
Before :
SEAN O’SULLIVAN KC (sitting as a Deputy High Court Judge)
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Between :
CAPGEMINI UK PLC Claimant
- and -
DASSAULT SYSTEMES UK LTD
Defendant
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- - - - - - - - - - - - - - - - - - - - -
RAJESH PILLAI KC and EMMA HUGHES (instructed by BRODIES LLP) for the
CLAIMANT
MATTHEW LAVY KC and DANIEL KHOO (instructed by OSBORNE CLARKE
LLP) for the DEFENDANT
Hearing date: 14 October 2024
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JUDGMENT
This judgment was handed down by the Judge remotely by circulation
to the parties' representatives by email and release to The National
Archives. The date and time for hand-down is deemed to be 10:30 on
Friday 1 November 2024.
2
Sean O’Sullivan KC (sitting as a Deputy High Court Judge):
1. This is the Claimant (“C”)’s application for summary judgment under CPR 24
and/or strike out under CPR 3.4, premised upon what are said to be two short
points of contractual construction raised by the Defendant (“D”)’s Amended
Defence and Counterclaim. It is important to understand that C does not suggest
that it can have summary judgment on its claim, or on D’s counterclaim. Rather,
its position is that the answer to these two individual issues is so obvious that the
Court ought to “grasp the nettle” and resolve them now, on the basis that this
would, or at least might, reduce the scope of the dispute before disclosure,
witness evidence, etc.
2. C’s underlying claim is for breach of a Settlement Agreement, entered into by
the parties on 11 December 2017 (“the SA”). The purpose of the SA was to
resolve disputes which had arisen under an earlier agreement (namely the Prime
Contractor Agreement or “PCA”). The background to both agreements is a
project for the creation and provision of logistics planning technology for the
Royal Mail Group (“RMG”).
3. C’s claim is, in essence, that D failed to perform the work required of it and
thereby repudiated the SA. D denies that there was any repudiation and
counterclaims for further sums to which it says it is entitled for the work which
it did perform. As part of both its defence to the claim, and the counterclaim, D
relies upon the terms of the PCA, as well as on the SA. It also contends that its
work was delayed and disrupted by errors in certain data which was provided by
RMG.
4. It is in that context which the two issues which are the subject matter of C’s
present application arise. They have been labelled and described by C as
follows:
4.1. “The Entire Agreement Clause Issue”. The issue here is whether an
entire agreement clause in the SA has the effect of extinguishing the
PCA, and hence precludes D from relying on any of the terms of the
PCA in its defence to C’s claims, or in order to support counterclaims.
3
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