Date: 25 March 2015
Consequential loss clauses form an essential and integral part of almost all commercial contracts and also of standard form mutual contractual indemnity regimes. Despite the fact that they have long been in use, they are consistently the subject of litigation and recent cases demonstrate that the aspirations of their drafters are, more frequently than not, simply not achieved. This talk considers and analyses the recent relevant case law including Kudos Catering v Manchester Central Convention Complex  EWCA Civ 38; AB v CD  EWCA Civ 229 and Transocean Drilling v Providence Resources  EWHC 4260 (Comm); seeks to identify what in fact such clauses are meant to (and can legitimately) achieve and aims to set some straightforward, pragmatic guidelines for drafting these clauses, as well as advising clients on their practical use and scope of application once a claim arises. Simon will present worked examples for discussion and comment.