Litigation Letter

High Court recasts scope of consequential loss

Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm), 17 November 2016

It will be remembered that Lord Hoffmann in Caledonia North Sea v British Telecommunications [2002] UKHL 4 doubted obiter whether the Court of Appeal decisions equating “consequential loss” in exclusion clauses to the second limb of Hadley v Baxendale were correct. In this recent appeal from an arbitration award, the Commercial Court revisited this precise question.

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