ROYAL DEVON AND EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD

[2017] EWHC 2197 (TCC), Technology and Construction Court, O'Farrell J, 31 August 2017

Contract – Claim for wasted expenditure – Whether claim excluded by terms of contract – Meaning and effect of limitation of liability clause – Whether too uncertain to be enforceable

The claimant terminated a contract with the defendant under which the defendant had agreed to provide the claimant with health record scanning, electronic document management and associated services. The present proceedings concerned the claimant's claim to recover wasted expenditure consequent on its acceptance of the defendant's repudiatory breach. The defendant maintained that the claim had been excluded by a term of the contract which provided that neither party should be liable to the other for "loss of profits, or of business, or of revenue, or of goodwill, or of anticipated savings" or in respect of "indirect or consequential loss or damage."