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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 …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- AB v CD [2014] EWCA Civ 229
- Bath and North East Somerset District Council v Mowlem plc [2004] EWCA Civ 115
- Fujitsu Services Ltd v IBM United Kingdom Ltd [2014] EWHC 752 (TCC)
- Polypearl Ltd v E.ON Energy Solutions Ltd [2014] EWHC 3045 (QB)