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Scope of the duty of care
In Darcliffe Homes Ltd v Glanville Consultants and Another [2024] EWHC 3184 (TCC); [2025] BLR 76 Adrian Williamson KC, sitting as a Deputy Judge of the High Court, held that although the defendant consultants had failed to exercise the degree of..
Online Published Date:
17 April 2025
Appeared in issue:
Vol 42 No 4 - 17 April 2025
Exclusion clauses and the need for clear words
In South East Water Ltd v Elster Water Metering Ltd [2025] EWCA Civ 287 the Court of Appeal allowed an appeal from the decision of His Honour Judge Stephen Davies (on which see our April 2024 issue, pp 10-12) and held that the clause relied upon by..
Online Published Date:
17 April 2025
Appeared in issue:
Vol 42 No 4 - 17 April 2025
Excluding liability for "anticipated profits"
In EE Ltd v Virgin Mobile Telecoms Ltd [2025] EWCA Civ 70 the Court of Appeal held that a claim for expectation loss damages was excluded because it fell within the scope of an exclusion clause which excluded liability for "anticipated profits". The..
Online Published Date:
17 April 2025
Appeared in issue:
Vol 42 No 4 - 17 April 2025
Risk allocation in relation to the existing site
In John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) Judge Stephen Davies, sitting as a Judge of the High Court, held that, on a proper construction of the contract between the parties, the risk of the unsuitability of..
Online Published Date:
17 April 2025
Appeared in issue:
Vol 42 No 4 - 17 April 2025