Decoma UK Ltd v Haden Drysys International Ltd

Citation: All ER (D) 401 TCC

Nature of case:
The issue was whether the party in breach of contract in failing to complete on time and to specification could rely on a contract clause capping its liability.  The claimant sought to argue that the defendant contractor would be profiting from its own wrong if it was allowed to do so.  The court rejected this argument; it had been clearly agreed that the defendant’s liability would be limited to 5% of contract price and the nature and extent of the breaches of contract were irrelevant.

See other reports:

[2006] CILL 2303 TCC
[2005] All ER (D) 408 TCC
[2005] 103 Con LR 54 TCC
[2005] 103 Con LR 1 TCC

Counsel

Marcus Taverner QC

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