Exclusion Clauses: How Far Can You Go to Limit Your Liability?

8 July 2015

8:45 a.m. – 9:45 a.m. GMT

Squire Patton Boggs

7 Devonshire Square
London
EC2M 4YH

Clauses excluding or restricting liability are fairly standard provisions in virtually all commercial agreements. However, do we afford such clauses the necessary time and consideration at the negotiation stage that they deserve? Is the reality that we only really scrutinise them when a problem arises and is it only at this stage that we seek to rely on them or, indeed, to challenge their validity?

Partner Laurence Winston will look in depth at the Courts’ current stance on the legal framework that applies to exclusion and limitation clauses and how the Courts apply the framework in practice. In particular:

Is the clause validly incorporated?
Impact of UCTA and the new Consumer Rights Act 2015
What can I exclude?
Is it reasonable?
Acceptable limits of liability
Drafting tips

The seminar will provide a brief overview of the current issues surrounding exclusion clauses both from a claimant’s and defendant’s perspective and will provide delegates with an opportunity to raise any questions or concerns they may have on this topic in an open forum.

The breakfast seminar is essential for in-house Counsel, senior management, compliance managers, finance directors and all those who regularly handle commercial claims.

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