HT-2021-000363 - [2025] EWHC 532 (TCC)

Fecha: 10-Mar-2025

The Issues

The Issues

138.

The key issues can be summarised as follows:

on a proper construction of the ICA, what fell within the definition of an ICA Program, the rights conferred by the licence and/or the Licensed Program Specifications, and the acts that were restricted by clause 4;

ii)

whether any of the acts alleged to be in breach of the ICA fell within the rights conferred by the Software Directive, implemented by sections 50B, 50BA and 50C of the CDPA; if so, whether they were acts which IBM could restrict or prohibit by contract;

iii)

whether Winsopia was in breach of the ICA as alleged by IBM;

iv)

in respect of any breach of the ICA by Winsopia, whether the first, third, fourth, fifth and/or sixth defendants procured such breach;

whether any of the defendants are liable for the tort of unlawful means conspiracy;

vi)

whether IBM validly terminated the ICA, or whether its purported termination of the ICA and/or the issuing of these proceedings constituted repudiatory breach of the ICA;

vii)

whether any of IBM’s claims are time-barred pursuant to clause 1.11.4 of the ICA (contractual limitation);

viii)

whether any of IBM’s claims are time-barred pursuant to Section 2 and/or Section 5 of the Limitation Act 1980 (statutory limitation);

ix)

whether any party is entitled to declaratory and/or injunctive relief.