Tag Archives: Exclusion clauses

Court of Appeal decision casts doubt on principles requiring narrow interpretation of exclusion clauses

The Court of Appeal has found that an exclusion clause in an engineering services contract was effective to exclude any liability on the part of the defendant engineers for identifying and reporting on asbestos on a development site. This was based … Continue reading

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Commercial Court considers interpretation of clause excluding consequential or special losses

The Commercial Court has considered the proper construction of the phrase "consequential or special losses, damages or expenses" in a ship-building contract, concluding that (in this specific contract) it meant any losses resulting from physical damage other than the cost … Continue reading

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Defining your liability in advance: Liquidated damages, limitation and exclusion clauses

Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed sum that is payable on breach, or set a maximum sum for any … Continue reading

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UCTA reasonableness test may apply even where contract is only partly on standard terms

The High Court has found that the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 (UCTA) can apply in circumstances where a party's written standard terms and conditions are incorporated only in part and other terms are … Continue reading

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Court of Appeal confirms exclusion clauses should be construed narrowly if necessary to resolve ambiguity

In a recent decision on contractual interpretation relating to an exclusion clause, the Court of Appeal confirmed that, if necessary to resolve ambiguity, exclusion clauses should be narrowly construed: Nobahar-Cookson & Ors v The Hut Group Ltd [2016] EWCA Civ … Continue reading

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Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract

The Court of Appeal has held that an interim injunction should be granted to prevent the defendant’s alleged breach, on the basis that damages would be an inadequate remedy due to a limitation clause in the relevant contract: AB v … Continue reading

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Court of Appeal construes exclusion clause narrowly to prevent party being left without remedy

The Court of Appeal has recently held that an exclusion clause should not be construed as excluding liability for lost profits where this would have left the injured party without a remedy for non-performance: Kudos Catering (UK) Ltd v Manchester … Continue reading

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Court of Appeal confirms modern approach to contractual construction

In a recent decision, the Court of Appeal has found that a clause allocating responsibility for third party claims applied to claims based on intentional wrongdoing, despite the absence of clear words to that effect: Mir Steel UK Ltd v … Continue reading

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Webinar alert – Remedies for breach of contract and limitation and exclusion clauses

On Thursday 15 November (12:45 to 1:45 UK time) Nicholas Peacock and Julie Farley will present a live audio webinar giving a summary of key cases on limitation and exclusion clauses from the last couple of years and the lessons to be learnt from them for … Continue reading

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Exclusion clauses and deliberate repudiatory breach: NETTV reconsidered

In the recent case of AstraZeneca UK Limited v Albermarle International Corporation and another [2011] EWHC 1574 (Comm), the High Court has criticised the “strong presumption” applied in Internet Broadcasting Corporation Ltd (t/a NETTV) and another v MAR LLC [2009] … Continue reading

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