DRAFTING EXCLUSION CLAUSES

Price Waterhouse (a firm) v The University of Keele [2004] EWCA Civ 583

A recent decision of the Court of Appeal underlines the importance of paying careful attention to the relationship between a clause which accepts liability for certain losses and a clause which purports to exclude liability for certain losses. A failure to do so may result in a court concluding that the loss has not been effectively excluded.