17th May 2024
Judgment has been handed down today in the tech transformation and BPO dispute, TCS v DBS [2024] EWHC 1185 (TCC) (one of the Lawyer’s top 20 cases of 2023). Hot topics of interest to commercial practitioners include: notices in delay regimes (conditions precedent and estoppel); when a delay breach can be “irremediable” for the purposes of contractual termination; limitation and exclusion clauses (caps and “loss of anticipated savings”); and the rigour expected in delay and defects claims, especially to prove causation and loss. Stephen Cogley KC, Matthew Lavy KC and Iain Munro acted for the successful claimant, instructed by Joby Davis and Rachel Ziegler of BCLP.
To view the full judgement, please see here.
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