The WLR Daily case summaries
[2018] WLR (D) 39
Queen’s Bench Division
Phones 4U Ltd (in administration) v EE Ltd
[2018] EWHC 49 (Comm)
2017 Dec 6, 7; 2018 Jan 16
Andrew Baker J
Contract— Termination— Liability— Contract for supply of services containing provision allowing for termination by party upon appointment of administrator by other party— Party appointing administrators and innocent party invoking contractual termination provision to terminate with immediate effect— Innocent party claiming for loss of bargain damages arguing that other party in fact in repudiatory breach at time of termination— Whether common law remedy of loss of bargain damages available where termination pursuant to contractual termination provision