Exclusion Clause in UK Law

Leading Cases
  • Oliver Nobahar-Cookson and Another v The Hut Group Ltd
    • Court of Appeal (Civil Division)
    • 22 Mar 2016

    The parties are not lightly to be taken to have intended to cut down the remedies which the law provides for breach of important contractual obligations without using clear words having that effect: see Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689 per Lord Diplock at 717H, applied in Seadrill Management Services Ltd v OAO Gazprom [2010] EWCA Civ 691, by Moore-Bick LJ at para 29.

  • Junior Books Ltd v Veitchi Company Ltd
    • House of Lords
    • 15 Jul 1982

    During the argument it was asked what the position would be in a case where there was a relevant exclusion clause in the main contract. My Lords, that question does not arise for decision in the instant appeal, but in principle I would venture the view that such a clause according to the manner in which it was worded might in some circumstances limit the duty of care just as in the Hedley Byrne case the plaintiffs were ultimately defeated by the defendants' disclaimer of responsibility.

  • Photo Production Ltd v Securicor Transport Ltd
    • House of Lords
    • 14 Feb 1980

    Since the presumption is that the parties by entering into the contract intended to accept the implied obligations exclusion clauses are to be construed strictly and the degree of strictness appropriate to be applied to their construction may properly depend upon the extent to which they involve departure from the implied obligations.

  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 Mar 1966

    One may safely say that the parties cannot, in a contract, have contemplated that the clause should have so wide an ambit as in effect to deprive one party's stipulations of all contractual force: to do so would be to reduce the contract to a mere declaration of intent. To this extent it may be correct to say that there is a rule of law against the application of an exceptions clause to a particular type of breach.

  • Wood v Capita Insurance Services Ltd
    • Supreme Court
    • 29 Mar 2017

    It has long been accepted that this is not a literalist exercise focused solely on a parsing of the wording of the particular clause but that the court must consider the contract as a whole and, depending on the nature, formality and quality of drafting of the contract, give more or less weight to elements of the wider context in reaching its view as to that objective meaning.

  • Impact Funding Solutions Ltd v AIG Europe Insurance Ltd (formerly known as Chartis Insurance (UK) Ltd)
    • Supreme Court
    • 26 Oct 2016

    As I see no ambiguity in the way that the Policy defined its cover and as the exclusion clause reflected what The Law Society of England and Wales as the regulator of the solicitors' profession had authorised as a limitation of professional indemnity cover, I see no role in this case for the doctrine of interpretation contra proferentem.

    An exclusion clause must be read in the context of the contract of insurance as a whole. It must be construed in a manner which is consistent with and not repugnant to the purpose of the insurance contract. There may be circumstances in which in order to achieve that end, the court may construe the exclusions in an insurance contract narrowly.

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Legislation
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......reasonableness. S-4 . Unreasonable indemnity clauses. 4 Unreasonable indemnity clauses. . (1) A person dealing as consumer .... (1) To the extent that this Part of this Act prevents the. exclusion or restriction of any liability it also prevents— .   . ( a . ) ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (a) (a) to the exclusion of the trustees or managers of the scheme, or . (b) (b) in addition to ...Termination clauses in supply contracts Termination clauses in supply contracts . S-14 . ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... . . (a) section 31 (exclusion of liability: goods contracts),. . . (b) section 47 (exclusion of ... in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly ......
  • Contracts (Rights of Third Parties) Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......himself of the exclusion or limitation. . (7) In this Act, in relation to a term of a contract ...clause in the contract, as well as to enforce ‘positive’ rights. The. Act, ......
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Books & Journal Articles
  • New company law reform bill. Power to order greater disclosure of exercise of voting rights by institutional investors
    • Núm. 14-1, Enero 2006
    • Journal of Financial Regulation and Compliance
    • 119-122
    Purpose: To address the practical implications of the new company law reform bill. Design/methodology/approach: Explain the objectives of the Bill. Findings: The current government position is a ...
    ...... preference for disclosure on a voluntary basis by firms but Clause 866 of the Bill leaves room for alternative action, shared a voluntary ..., if its termed are to be binding on themselves alone, to the exclusion of the general public. Keywords Company law, Disclosure,Investors Paper ......
  • The Supply of Goods (Implied Terms) Act 1973
    • Núm. 36-5, Septiembre 1973
    • The Modern Law Review
    ...... The Act is based upon the First Report on Exemption Clauses in Contracts produced jointly by the Law Commission and ... amount involved in the transaction 5; it outlaws exclusion of the statutorily implied terms in consumer transactions ......
  • Selling in the Course of a Business Under the Sale of Goods Act 1979
    • Núm. 62-5, Septiembre 1999
    • The Modern Law Review
    ...... of a contract (which includes taking the benefit of an exemption clause) if (a) the contract expressly so provides, or (b) the term purports to ...45 If the company did qualify as a consumer buyer then an exclusion clause the seller had inserted into the contract of sale would have been ......
  • Unsatisfactory Implication - a Case for Revision. Dalmare SpA v Union Maritime Ltd and Valor Shipping Ltd [2012] EWHC 3537 (Comm)
    • Núm. 3-1, Enero 2013
    • Southampton Student Law Review
    • Mateusz Bek
    • 69-72
    Until the decision in Air Transworld1 it had been trite law that unequivocal language was necessary in order to exclude from a contract a term implied by a statute. The recent judgement in The Unio...
    ...... d am a ge affe ctin g cla ss” wit h in th e m ea nin g o f Clause 11 or becau se th ere was a b re ach of th e im plied ter m ......
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Law Firm Commentaries
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