[2025] EWHC 1160 (TCC)

According to paragraph 9 of RT1 (which I do not understand to be in dispute):

“In 2015, the United Kingdom Home Office contracted with EE to design and deliver a replacement for the existing Airwave terrestrial trunked radio (Tetra) network used by all police, fire and ambulance services across England, Scotland and Wales to communicate between the field and control rooms. The contract between EE and the Home Office was originally intended to have a six-year duration, with an option to extend it for one year until December 2022. Following delays to the programme, this contract was extended until December 2024.”

I refer to this contract as the First EE-HO Contract.

This contract clearly formed at least part of the background for the making of the GSA between EE and Avanti and there are references to the ESN in Annex 7 to Schedule 1 of the SOW.

Avanti makes the point that to the extent that the First EE-HO Contract was in the contemplation of the parties, as it must have been to some extent, as at 2016 there would be no need to be thinking of an indefinite obligation to supply, as opposed to one for 6 years. I see that, but the fact remains that it is far from clear that this Contract was the main driver for the GSA. EE says that it was not and I cannot gainsay that at this stage. So I do not think this argument takes the matter any further.

Avanti also invokes the duration of the First EE-HO Contract as an argument against EE’s point on Clause 1.4 of the GSA, discussed at paragraphs 117-120 above. On the basis that this was the relevant contract with the public body, if it was only to last until December 2022 and in the event lasted until December 2024, there would be nothing in that contract to drive any continuing obligation to supply beyond that. I see the force of that, although the more important points going to Clause 1.4 are those I have already made above.

I should add, for the sake of completeness that in 2024, the Home Office awarded a new 7.5 year contract to EE, apparently worth £1.29bn although this was not communicated to Avanti at the time (“the Second EE-HO Contract”).