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

when the Framework Agreement was amended by the parties under CCN 187 and 188, it was agreed that the Airwave Network would be provided beyond CY20 and that the Core Service Charges would continue to be indexed.

Paragraph 4 of CCN 187 provides that the Core Service Charges set out in Appendix 1 to that document were shown at 2018/2019 prices and so there should be no indexation for financial year 2018/2019. Thus the only remaining Indexation Weighting provided for in Schedule 8 which could be applied going forward was for CY20.

Paragraph 4 of CCN 187 expressly stated that indexation will apply to the Core Service Charges in Appendix 1 in line with the Indexation/Variation of Price as set out in Parts D and I of Schedule 8 of the Framework Agreement. Part D includes the use of Indexation Weightings.

This is further supported by the footnote to the tables at Appendix 1 which is consistent with the above.

The only sensible way of construing these provisions is that the parties agreed that the CY20 Indexation Weightings would be used going forward.