[2025] EWHC 1160 (TCC)

This is set out at paragraphs 25 - 33 above. The first point to make is that this is not, nor does it purport to be, some contractual document different from what might be expected, or an express variation to the GSA. It is an Engagement Form, as contemplated by Clause 2.2 of the GSA and following the broad form of that set out in Schedule D to the GSA (shown at paragraph 19 above).

The introductory part of the SOW itself is shown at paragraph 27 above. It refers back to the GSA and itself forming part of an Order, which is consistent with the need for an Order.

It is plain, in my view, that there is nothing in the SOW which sets out an express obligation on the part of Avanti to supply its services.

It is, however, true that on any view, it has set out the basis on which any services which were provided, would be so provided for the next 7.5 years. This is because of Clause 3.2.1 of Schedule 3, set out at paragraph 29 above. Here, however, EE submitted that it was implicit in this provision that there was such an indefinite obligation, and that this can be seen from various parts of the SOW. It so submits for a variety of reasons to which I now turn.