FUJITSU SERVICES LTD V IBM UNITED KINGDOM LTD

[2014] EWHC 752 (TCC), Queen's Bench Division, Technology and Construction Court, Mrs Justice Carr, 21 March 2014

Contract - Exclusion of liability - Construction of exclusion clause - Whether fiduciary duties were owed - Whether a duty of good faith was owed

IBM provided information technology services to the Driver and Vehicle Licensing Agency, and FSL provided various IT services to IBM under a sub-contract. This was the trial of preliminary issues relating to the construction of the sub-contract, FSL contenting that IBM had failed to sub-contract services in accordance with the agreement and had failed to obtain FSL's consent to changes in the contract between IBM and DVLA.