Litigation Notes
Tag: exclusion clauses
Showing 24 out of 30 results
High Court finds entire agreement clause did not exclude liability for misrepresentation
The High Court has held that an entire agreement clause in a commercial contract did not exclude liability for misrepresentation under section 2(1) of …
Court of Appeal finds clause limiting liability for negligence was reasonable
The Court of Appeal has recently upheld a High Court decision that a term limiting a defendant's liability for negligence in the supply of a fire …
Misrepresentation claim struck out on basis that entire agreement statement excluded liability
The High Court has held that an entire agreement clause in a commercial contract had the effect of excluding liability for misrepresentation under …
Court of Appeal finds non-reliance clause sought to exclude liability for misrepresentation and was therefore subject to UCTA reasonableness test
The Court of Appeal has found that a "non-reliance" clause in a lease was a term that excluded or restricted liability for misrepresentation. …
Article published - If the cap fits
In a decision late last year, the Court of Appeal considered the interpretation of a provision which purported to cap the liability of a provider of IT …
Court of Appeal clarifies when parties are dealing on written standard terms of business so that the UCTA reasonableness test will apply
The Court of Appeal has upheld an order for summary judgment for sums due under a facility agreement which was based on a Loan Market Association (LMA) …
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 …
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 …
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 …
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 …
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 …
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 …
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