In a judgement dated 26th January 2010 and running to more than 500 pages [BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1) [2010] EWHC 86 (TCC) (26 January 2010)] Mr Justice Ramsey accepted one of the five main claims by BSkyB against EDS in their long running dispute. As a result, BSkyB looks forward to an award of around £200 million at a damages hearing expected to take place later his month.
The limitation of liability clause in the contract did not help EDS in the end as the judge found the company guilty of deceit in making fraudulent misrepresentations to win the original contract. HP, now the owner of EDS, has indicated it intends to appeal.