Take priority but be reasonable

Published on 17 February 2016

On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1

The case is a warning to contracting parties to make sure that it is clear which set of standard terms and conditions prevails. It is also a reminder to consider whether the Unfair Contract Terms Act (UCTA) will apply. If it does, a clause limiting liability has to be practicable to be reasonable.

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