Drafting: Feeling excluded

RPC | Procurement & Outsourcing Journal | September/October 2015 #26
Geraldine Elliott and Elizabeth Wiggin provide a helpful reminder on the incorporation of exclusion clauses ‘When considering injunctive relief, the question should be asked whether it is just in all the circumstances for a party to be “confined to his remedy in damages” by virtue of an exclusion clause.’Very often, it is not what the …

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Drafting: Plain speaking

Penningtons Manches Cooper LLP | Procurement & Outsourcing Journal | July/August 2014 #19
Mark Lewis provides a timely reminder of the validity of exclusion and limitation clauses ‘In construing any clause in a contract, including an exclusion or limitation clause, the court should decide what the words would mean to a reasonable person having all the relevant background knowledge including the contract itself as a whole.’A critical issue …

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Injunctions: Remedial work

Fenwick Elliott | The Commercial Litigation Journal | March/April 2014 #54
Jeremy Glover reviews recent case law on interim injunctions ‘The primary commercial expectation must be that the parties will perform their obligations. The expectations created by an exclusion or limitation clause are expectations about what damages will be recoverable in the event of breach, something rather different.’ In the case of AB v CD [2014], …

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