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Court of Appeal considers the interpretation of condition precedent clauses in Disclosure and Barring Service v Tata Consultancy Services Ltd

Published on: 07 May 2025

Table of contents

  • Case facts
  • What did the court decide?
  • Clarity of language
  • Commercial context
  • Lack of precise timescales
  • Difference of language
  • Utility of authorities
  • Conclusion

Article summary

Commercial analysis: The Court of Appeal recently upheld an important ruling on contractual interpretation, dismissing the Disclosure and Barring Service’s (DBS) appeal against Tata Consultancy Services Ltd (TCS) in a dispute over a £1.6m liquidated damages claim. Victoria Peckett, partner at Clyde & Co, analyses the implication of the court’s decision.

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