Drafting: Feeling excluded

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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Injunctions: Remedial work

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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