Indemnity Clause in UK Law
- Court Construes Indemnity Clause In License In Favour Of A Computer Games Publisher
- Force Majeure Clause Breaks Demurrage Indemnity Chain
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Blog: Court Of Appeal Considers Interpretation Of Aggregation Clause In Solicitors’ Professional Indemnity Insurance
In AIG Europe Limited (Appellant) v OC320201 LLP (formerly The International Law Partnership LLP) & 5 others (Respondents) & The Law Society of England and Wales (acting in its regulatory capacity ...
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UK: Wood v Capita Insurance Services Limited
Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation. Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that the ......Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation. Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that the indemnity clause in an SPA did not operate to indemnify the buyer of an insurance broker ......
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UK: Wood v Capita Insurance Services Limited
Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation. Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that......... Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation. Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that the indemnity clause in an SPA did not operate to indemnify the buyer of an insurance broker ......
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Indemnities for Costs in Facility Agreements: Careful Drafting Required
In K/S Preston Street v Santander (UK) plc [2012] EWCH 1633 (Ch) the High Court ruled in relation to an indemnity clause in a facility agreement. The judgment serves to remind lenders that such cla......... plc [2012] EWCH 1633 (Ch) the High Court ruled in relation to an indemnity clause in a facility agreement. The judgment serves to remind lenders that ......
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Blog: The Supreme Court considers meaning of the words “a series of related matters or transactions” within an aggregation clause
In the recent Supreme Court decision AIG Europe Ltd v Woodman & Ors [2017] UKSC 18 the court considered the meaning of the words “a series of related matters or transactions” within an aggregation ......... series of related matters or transactions” within an aggregation clause in order to determine whether various claims under a professional indemnity insurance policy could be aggregated. The appeal was unanimously allowed, and the Supreme Court stated that the relevant wording must mean that the ......
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Conclusive Evidence Clauses And Failure To Mitigate
In ABM Amro Commercial Finance Plc v Ambrose McGinn & ors [2014] EWHC 1674 (Comm), 23 May 2014 the court ruled that an indemnifying party cannot argue that a failure to mitigate by an indemnified p......... party of liability, as a means of bypassing a conclusive evidence clause. The judgment emphasises that mitigation has no place in the context of a claim under an indemnity contract. . Background . . The claimant, a factor, had entered into ......
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Indemnity Versus Exclusion
......indemnity clauses. The Court examined the operation of one. particular indemnity clause and considered whether it excluded. liability on the part of the indemnified party or if it simply. allocated who should bear the cost of any ......
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The Supreme Court Offers Useful Guidance On How Best To Interpret Contracts
...The Supreme Court considers the meaning of an indemnity clause and emphasises that textualism and contextualism are not ......
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