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

[2017] EWCA Civ 2196, Court of Appeal, Civil Division, Rupert Jackson and Lewison LJJ, 20 December 2017

Contract – Claim for wasted expenditure – Whether claim excluded by terms of contract – Meaning and effect of limitation of liability clause – Whether contract containing one cap or two

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 issue before the Court of Appeal was the proper interpretation of a clause relied upon by the defendant for the purpose of limiting its liability towards the claimant. The clause in dispute, clause 9.2, provided as follows: