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

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

Fecha: 03-Jun-2025

The Claimant’s case

The Claimant’s case

24.

On the Claimant’s case the indexation calculation is carried out as follows:

a.

Appendix 4 to Schedule 8 of the Framework Agreement provides for a table showing Indexation Weightings for each Contract Year.

b.

Appendix 4 splits the weightings between Element A, B and C. Both Elements A and B are subject to RPI but Element C is not.

c.

Appendix 4 provides for indexation weightings up to CY 20.

d.

In order to apply Paragraph 3 and 4 and Appendix 1 of CCN 187, the figures at Appendix 1 must have indexation applied to them.

e.

The means of doing this is as follows. Take as an example April 2022. That provides for a monthly charge of £26,149,758.18. The weighting application to Element A and B for CY 20 is 95% for the last current year (Element C is 5%). That same weighting must be used going forward and RPI applied.