Cable & Wireless Plc v IBM United Kingdom Ltd., Court of Appeal - Commercial Court, October 11, 2002, [2002] CLC 1319,[2002] EWHC 2059 (Comm),[2003] BLR 89,[2002] Masons CLR 58,[2002] 2 All ER (Comm) 1041

Reporting Judge: [2002] CLC 1319,[2002] EWHC 2059 (Comm),[2003] BLR 89,[2002] Masons CLR 58,[2002] 2 All ER (Comm) 1041

President: Cable & Wireless Plc v IBM United Kingdom Ltd.

Linked as:

Extract

Case No: 2002 Folio 668

Neutral Citation No: [2002] EWHC 2059 (Comm)

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

COMMERCIAL COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 11 October 2002

Before :

THE HONOURABLE MR JUSTICE COLMAN

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Between :

| |CABLE & WIRELESS PLC (“C&W”) |Claimant |

| |- and - | |

| |IBM UNITED KINGDOM LTD (“IBM”) |Defendant |

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Mr Timothy Dutton QC (instructed by Mayer Brown Rowe and Maw) for the Claimaint

Mr Michael Crane QC (instructed by Freshfields Bruckhaus Deringer) for the Defendants

Hearing dates : 24 September 2002

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Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

Mr Justice Colman :

There are two applications before the court. The claimants’ application is under CPR Rule 8 for a declaration as to the meaning of one provision (paragraph 5.3 of schedule 10) of a Global Framework Agreement (“the GFA”) made between the claimants (“C&W”) and the defendants (“IBM”) on 20 December 2000. The defendant’s application is for orders that pursuant to CPR, Rule 8.1(3) the claim continue as if the Part 8 procedure had not been used, that the claim should be stayed pending the dispute being refe...

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