Corelogic UK Limited v Landmark Valuation Services Limited

Facts

CoreLogic UK Limited (formerly ETech Solutions Limited) develops SurveyHub, a back-end business management tool used by mortgage valuation providers. Landmark Valuation Services Limited (formerly Quest End Computer Services Limited) operates the DataWeb platform and the SPN, through which all domestic mortgage valuations flow. In late 2015 the defendant discovered that the claimant had obtained unauthorised access to its platform and sent a cease and desist letter; the claimant responded that, as effectively a monopoly provider, the defendant could not refuse access subject to a reasonable fee, an assertion the defendant did not challenge. Negotiations produced an agreement dated 14 March 2016 headed "API Development and Access Agreement in relation to Data Web", under which the defendant was to develop an API to replace a temporary Beta Interface, in return for a Development Fee of £100,000 and per-transaction Service Charges. A Deed of Variation dated 22 January 2019 extended the initial term to five years. No API was ever developed or provided, and the claimant continues to interoperate through the Beta Interface. The claimant sued in the Technology and Construction Court for damages representing the cost of Virtual Machines and of staff labour used to run and maintain the Beta Interface. The defendant denied any obligation to provide an API and relied on waiver, estoppel and exclusion clauses.