CL-2024-000308 - [2025] EWHC 1332 (Comm)
Commercial Court

CL-2024-000308 - [2025] EWHC 1332 (Comm)

Fecha: 03-Jun-2025

CCN 187 Indexation

CCN 187 Indexation

22.

The heart of the issue before me is the proper construction of the provisions of CCN 187 relevant to indexation.

Paragraph 3) provided:

Payment Profile: from 1 January 2020 to the National Shut Down Target Date, Core Service Charges (other than for Menu Service Charges) shall be discounted by 5%. The payment profile of the Framework Agreement shall be amended such that the monthly payments (in aggregate) for Core Service Charges set out in Schedule 8 (Charging Structure) (other than for Menu Service Charges) will be as set out in the table appended to Appendix 1 of this CCN. For the avoidance of doubt these Core Service Charges are inclusive of the new and existing discounts and exclude Menu Service Charges.

Paragraph 4):

Indexation: “Monthly Invoice amounts in the table in Appendix 1 to this CCN are shown at Financial Year 2018/2019 prices and, as such, shall not be indexed for the Financial Year 2018/2019. Indexation will apply to the invoices amounts in the table in Appendix 1 in line with the Indexation/Variation of Price (VOP) as set out in Parts D and I of Schedule 8 (Charging Structure).

23.

Appendix 1 then set out monthly payments for each month from January 2020 to December 2022. A note below each table stated:

Charges exclude Indexation/Variation of Price which will be applied at existing contractual rates.