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

Key Issue 1: On a true construction of the Framework Agreement (as amended by CCN 174, CCN 187 and CCN 188 and as extended), did the parties agree that the CY20

Indexation Weightings in Annex 4 to Schedule 8 to the Framework Agreement would apply in the period from CY21 to the end of the Framework Agreement?

Key Issue 2: If the answer to Issue 1 is no, on a true construction of the Framework Agreement, should the Indexation Weightings to be applied in the period from CY21 to the end of the Framework Agreement be calculated on the basis of the actual costs incurred for each relevant Contract Year?

Key Issue 3: If the answer to Issues 1 and 2 is no, on a true construction of the Framework Agreement, should the Indexation Weightings to be applied in the period from CY21 to the end of the Framework Agreement be calculated on the basis of an average of the Indexation Weightings in Annex 4 to Schedule 8 to the Framework Agreement (such average to be determined as a Key Issue in Trial 2)?

Key Issue 4: Are documents showing the actual costs incurred by Airwave in the provision of the Core and Menu Services excluded from the records that the Home Office is entitled to access and inspect under Schedule 12 of the Framework Agreement? Is the Home Office entitled under Schedule 12 of the Framework Agreement to access and inspect Airwave’s Relevant Records so as to verify that the invoices raised accurately and properly reflect the true construction of the Framework Agreement and, in particular, that they properly reflect Airwave’s actual costs? If so, is the Home Office entitled to specific performance of those obligations by Airwave?