Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation
| Jurisdiction | England & Wales |
| Judge | Mr Roger ter Haar |
| Judgment Date | 12 January 2024 |
| Neutral Citation | [2024] EWHC 35 (TCC) |
| Year | 2024 |
| Court | King's Bench Division (Technology and Construction Court) |
| Docket Number | Case No: HT-2021-000478 |
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5 firm's commentaries
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Excluding Liability For Dishonest Breach ' A Warning
...case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC) provides a salient reminder of the need for parties to carefully consider the limitation of liability in contracts and the construction of these Innovate sought damages from the......
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No Carve Out For Fraud In Limitation Clause
...that clearly and precisely. A specific carve out for wilful default should be a standard feature in most contracts. Footnote 1. [2024] EWHC 35 (TCC). The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific...
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Legal Developments In Construction Law: February 2024
...establish fraud on the part of the defendant itself. Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 3. Duty of good faith: when might one be implied? What might such a duty mean? Could other cases provide the A duty of good faith. When mi......
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Can You Exclude Liability For Dishonesty?
...at the drafting implications of the decision. In Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC), Roger Ter Haar KC (sitting as a Deputy High Court Judge) held that an exclusion clause was effective to exclude a party's liability for......
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