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Court of Appeal rules on meaning and effect of limitation of liability clause (Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Limited)

Court of Appeal rules on meaning and effect of limitation of liability clause (Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Limited)
Published on: 21 December 2017
Published by: LexisPSL
  • Court of Appeal rules on meaning and effect of limitation of liability clause (Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Limited)
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Article summary

Commercial analysis: The Court of Appeal made a declaration in favour of the claimant NHS Foundation Trust that a limitation of liability clause pointed emphatically towards there being two separate liability caps rather than one. The decision was based on the words used, the parties’ intentions when the clause was drafted and business common sense. The defendant’s cross-appeal was dismissed. or take a trial to read the full analysis.

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