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ARTICLE · 25 MAY 2010

BSKYB v Electronic Data Systems - Misrepresentations Cost Supplier Dearly

Following a long running legal battle, judgment in BSkyB Limited (Sky) v HP Enterprise Services UK Limited (formerly Electronic Data Systems Limited) (EDS) was handed down on 26 January 2010, with EDS held liable for deceit, misrepresentation and breach of contract.

United KingdomCorporate/Commercial Law
Nigel Gardner
Nigel Gardner

Following a long running legal battle, judgment in BSkyB Limited (Sky) v HP Enterprise Services UK Limited (formerly Electronic Data Systems Limited) (EDS) was handed down on 26 January 2010, with EDS held liable for deceit, misrepresentation and breach of contract.

In 2000, Sky awarded EDS a contract to design and implement a customer relationship management system following a competitive tender process. Sky claimed that EDS had acted deceitfully during the tender process by describing the system as "proven" when it was not, by overstating its capabilities in relation to resources and implementation methodologies, and by understating the amount of time and cost required to implement the system, leading Sky to select EDS in favour of other bidders.

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