This third post follows on from Ruth Keating’s first post summarising the facts and decisions of the High Court and Court of Appeal here and Alexander Burrell’s second post on liquidated damages here. This post considers Issue 2, the interpretation of an exception to a cap on the contractor’s liability for damages when the liability results from “negligence”.
Clients want to know what they are getting when they sign a contract. Contract predictability is one of the reasons parties choose English law. That predictability in part flows from the “objective” approach taken by the English courts to contract interpretation. The judgments in the Supreme Court provide a useful illustration of that approach, with guidance for contentious and non-contentious lawyers.
You can read Marion Smith’s full post on our Commercial, Construction & International Arbitration Blog here.