[2025] EWHC 1160 (TCC)

A total of 21 POs were issued, the last being dated 5 February 2025. Their individual dates and numbers are set out in a table produced by Avanti which is not in dispute.

The first PO is dated 23 June 2016 (“PO1”). It reads as follows:

The period of provision of the services is not stated in PO1. However, there is a total price of £8,128,050, and Avanti started to provide the services on 1 July 2016. On the basis of the charges referred to above, that figure would represent 4.5 years’ worth of services. See paragraphs 15 and 16 of RT1. EE has questioned whether this is correct or whether this PO simply represented an initial sum of money being provided by EE to get the provision of services underway. I reject that suggestion. As a matter of mathematics, the figure would indeed be correct for a period of 4.5 years and in any event EE must know the position but did not adduce any evidence on this issue in LP1 or LP2.

It is common ground between the parties that although not stated in PO1, the services to be provided were as set out in the SOW.

All of this accords with the contractual scheme contemplated by the GSA.

Two other POs have been exhibited by Avanti as examples.

One is a PO dated 1 March 2022, which is in fact the third in time. It is expressed to cover the provision of services from 9 December 2021 to 28 February 2022 and is for the fixed capacity charges at £168,000 per month.

The other is a PO dated 9 November 2023 which is for fixed capacity services provided from 1 October to 31 December 2023. It will be noted that this is the last period for which actual prices were provided by the SOW.