SOUTH EAST WATER LTD v ELSTER WATER METERING LTD

[2024] EWHC 620 (TCC), Technology and Construction Court, His Honour Judge Stephen Davies sitting as a Judge of the High Court, 21 March 2024

Contract – Exclusion clause – Application of Unfair Contract Terms Act 1977 – Reasonableness – Summary judgment

The claimant brought an action for damages against the defendant in which it alleged that it had suffered loss as a result of the failure of automated meter reading electronic units, which had been supplied by the defendant pursuant to a framework agreement entered into between the parties. The essence of the claim was that the battery units supplied did not have the contracted lifespan of 10 years with the result that they had to be replaced early and at considerable cost. The defendant applied to strike out the claim or to obtain summary judgment in its favour on the basis that the terms of the contract gave to the defendant a defence to almost the entirety of the claim which had been brought by the claimant. The claimant sought to resist this conclusion on the ground that it was inappropriate to grant summary judgment when there were disputed issues of fact between the parties.