Contract documents – Entire agreement clause – Exclusion clause – Misrepresentation – Construction

NF Football Investments Ltd and Others v NFFC Group Holdings Ltd and Others [2018] EWHC 1346 (Ch) (Master Bowles) (6 June 2018)

In our August issue Commercial Leases Vol 32 Issue 6 at p2562 we highlighted the First Tower Trustees v Elmfield Road case in which the Court of Appeal considered the reasonableness of an exclusion clause and the test to be applied. The issue was the proper interpretation and construction of an entire agreement clause which arguably excluded a wide range of remedies. This case is not a landlord and tenant case, but a share sale/purchase case. We mention it in brief as it is topical and the principles apply to a range of instruments.