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Building Law Monthly

Excluding liability for negligence: A question of interpretation

In Persimmon Homes Ltd v Ove Arup & Partners Ltd [2015] EWHC 3573 (TCC), Stuart-Smith J held that a clause which provided that ‘liability for any claim in relation to asbestos is excluded’ was effective to exclude liability for all claims brought by the claimants in relation to the discovery of asbestos, including those claims in which it was alleged that the defendants had been negligent in failing to detect or prevent the spread of asbestos.

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