Network Rail Infrastructure Ltd – v ABC Electrification Ltd

25th November 2020

The Defendant (D) appeals against the order made by Joanna Smith QC (sitting as a Deputy High Court Judge) dated 5/7/19.

The claim was brought under CPR Part 8, seeking declarations from the Court concerning the proper interpretation of the word “default” as it appears at clause 1(1)(J)(iii) of the Contract: this clause forms part of the definition of “Disallowed Costs”.

The judge found for the Claimant (C) and concluded that Disallowed Costs in clause 1(1)(j)(iii) includes any costs due to any failure by D to comply with its obligations under the contract.

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