DISCLOSURE AND BARRING SERVICE v TATA CONSULTANCY SERVICES LTD

[2025] EWCA Civ 380, Court of Appeal, Civil Division, Lewison, Coulson and Snowden LJJ, 4 April 2025

Interpretation of contracts – Condition precedent to claim for damages for Delay Payments

The claimant brought a claim for damages against the defendant. One aspect of the claim was a claim for Delay Payments (which were similar in effect to liquidated damages). The defendant took the point that the claimant was not entitled to recover any Delay Payments because of its failure to comply with clause 6.1 of the contract between the parties which, it maintained, was a condition precedent to the claimant’s entitlement to recover such payments.