Consequential loss clauses - are they any use?

Hogan Lovells is pleased to invite you to a seminar by Mr Simon Rainey QC of Quadrant Chambers on consequential loss clauses.

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 even if they have been ‘well’ drafted.

Simon will consider and analyse the recent relevant case law on so-called ‘successful’ consequential loss clauses, including Kudos Catering v Manchester Central Convention Complex [2013] EWCA Civ 38; AB v CD [2014] EWCA Civ 229; Fujitsu Services v IBM United Kingdom [2014] EWHC 752 (TCC) and Transocean Drilling v Providence Resources [2014] EWHC 4260 (Comm). He will seek 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.

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