A recent High Court decision on the proper construction of a contractual liability cap reminds us of the importance of clear and coherent drafting both within a clause and across the contract as a whole: Drax Energy Solutions Ltd v Wipro Ltd [2023] EWHC 1342 (TCC).

The issue in dispute was whether the relevant clause imposed: (i) an aggregate cap applicable to all claims brought by the claimant; or (ii) multiple caps applicable to each claim. The court also considered the leading Supreme Court decision on interpretation of limitation or exclusion clauses, Triple Point v PTT [2021] AC 1148 (considered in our previous blog post: Triple Point: All The Points You Need To Know).

In a recent post on our Litigation Notes blog, Senior Associate Daniel Woods discusses the case in further detail. The full post can be read here.

For further information, please contact Daniel Woods or your usual Herbert Smith Freehills contact.

Daniel Woods
Daniel Woods
Senior Associate, London
+44 20 7466 2403