Category: exclusion clauses

4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square

Posted April 4th, 2023 in chambers articles, coronavirus, damages, exclusion clauses, fees, insurance, news, third parties by sally

‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’

Full Story

4 New Square, 28th March 2023

Source: www.4newsquare.com

The importance of an appropriate Mortgagee Exclusion Clause – Local Government Lawyer

Posted September 13th, 2022 in drafting, exclusion clauses, mortgages, news by tracey

‘Claire Waring considers the use of a Mortgagee Exclusion Clause (MEC) and explains why careful drafting is key.’

Full Story

Local Government Lawyer, 12th September 2022

Source: www.localgovernmentlawyer.co.uk

“A question of liability” – Sir Robert Akenhead and David Johnson for Building Magazine – Atkin Chambers

Posted August 10th, 2021 in building law, contracts, exclusion clauses, news by sally

‘The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Sir Robert Akenhead, with assistance from David Johnson.’

Full Story

Atkin Chambers, 4th August 2021

Source: www.atkinchambers.com

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

Posted May 25th, 2021 in contracts, exclusion clauses, insurance, interpretation, news, Scotland, Supreme Court, third parties by sally

‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’

Full Story

UKSC Blog, 21st May 2021

Source: ukscblog.com

Can you exclude or limit liability for a deliberate breach of contract? – Practical Law: Construction Blog

Posted May 20th, 2021 in contracts, exclusion clauses, interpretation, news by tracey

‘The short answer to this question is yes. But matters become slightly more complicated when considering how this can be done.’

Full Story

Practical Law: Construction Blog, 19th May 2021

Source: constructionblog.practicallaw.com

What is the meaning of “good will”? The Court of Appeal continue the debate – Hardwicke Chambers

Posted November 19th, 2020 in accounts, company law, contracts, exclusion clauses, interpretation, legal language, news by sally

‘In Primus International Holding Company & Ors v Triumph Controls – UK Ltd & Anor [2020] EWCA Civ 1228, the Court of Appeal grappled with the proper interpretation of “goodwill” in a commercial contract, considering the natural meaning of “goodwill” in the commercial context and the definition prevalent in accounting practice. The case provides a useful reminder of the approach taken by the courts when construing contracts, highlighting the need for parties to spell out clearly their intended meaning of a term in their contractual agreement if they wish to depart from its ordinary and natural meaning.’

Full Story

Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

High Court: secondary sanctions no grounds to avoid insurance policy – OUT-LAW.com

Posted October 22nd, 2018 in exclusion clauses, insurance, news, sanctions, shipping law by sally

‘An insurer could not rely on a sanctions-related exclusion clause to resist paying out on a marine insurance policy in the context of the impending reinstatement of US secondary sanctions against Iran, the High Court has ruled.’

Full Story

OUT-LAW.com, 22nd October 2018

Source: www.out-law.com

Court of Appeal upholds ‘reasonable’ widely-drafted exclusion clause – OUT-LAW.com

Posted June 20th, 2018 in contracts, exclusion clauses, fire, news, unfair contract terms by sally

‘A widely-drafted exclusion clause in the standard terms of a fire protection system provider was not unreasonable, and therefore should be upheld, the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 19th June 2018

Source: www.out-law.com

Nesbit Law Group LLP v Acasta European Insurance Company Limited [2018] EWCA Civ 268 – 4 New Square

Posted March 16th, 2018 in exclusion clauses, indemnities, insurance, news by sally

‘In Nesbit Law Group LLP the Court of Appeal had to determine the proper construction of an exclusion clause in a series of Fidelity Guarantee Indemnity policies and whether the insurer should be permitted to amend its defence (the application having been made weeks before the hearing of the appeal) to allege various breaches of a loan agreement by insured which breaches were necessary for the insured to be caught by the exclusion clause.’

Full Story

4 New Square, 23rd February 2018

Source: www.insurancelaw.london

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

Posted December 11th, 2017 in appeals, constitutional law, detention, exclusion clauses, immigration, jurisdiction, news, rule of law, statutory interpretation, tribunals by sally

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

Full Story

UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Appeal court: judge wrong to interfere with exclusion clause when wording sufficiently clear – OUT-LAW.com

Posted April 15th, 2016 in contracts, exclusion clauses, interpretation, news, offshore installations, oil wells by tracey

‘A High Court judge was wrong to override an exclusion clause in a complex contract for the hire of an offshore drilling rig, as the parties were commercial equals and the wording of the clause was sufficiently clear, the appeal court has ruled.’

Full story

OUT-LAW.com, 15th April 2016

Source: www.out-law.com

Game over – New Law Journal

Posted April 30th, 2015 in contracts, exclusion clauses, limitations, news by sally

‘Termination & its consequences. Chris Nillesen reports.’
Full story

New Law Journal, 24th April 2015

Source: www.newlawjournal.co.uk

Sun holiday competition banned over rules breach – The Guardian

Posted June 12th, 2013 in advertising, complaints, exclusion clauses, families, news by sally

“The advertising watchdog has said that the Sun broke its rules for refusing to honour a family holiday prize won by a woman who said she intended to take her sister’s children on the trip.”

Full story

The Guardian, 12th June 2013

Source: www.guardian.co.uk

Software company’s liability clause was not ‘reasonable’, says High Court – OUT-LAW.com

Posted May 12th, 2010 in contracts, exclusion clauses, news, unfair contract terms by sally

“A software company’s stipulation that customers could not take action against it for the poor performance of its software was unfair and could not be enforced, the High Court has said.”

Full story

OUT-LAW.com, 11th May 2010

Source: www.out-law.com

Exclusion clauses may fragment after High Court ruling – OUT-LAW.com

Posted November 6th, 2009 in contracts, exclusion clauses, news by sally

“Wording in a contract that seeks to exclude liability in a contract is more vulnerable to being struck out than lawyers previously thought. A ruling suggests that exclusion clauses are more likely to be effective when broken into separate terms.”

Full story

OUT-LAW.com, 5th November 2009

Source: www.out-law.com

Exemption clauses need strong words to survive deliberate, fundamental breaches, says High Court – OUT-LAW.com

Posted May 11th, 2009 in contracts, exclusion clauses, news by sally

“Someone who deliberately breaches a fundamental term of a contract generally cannot rely on exemptions in the contract to avoid liability to the other party without clear, strong language to that effect, the High Court has ruled.”

Full story

OUT-LAW.com, 6th May 2009

Source: www.out-law.com