Persimmon Homes Ltd & Others v Ove Arup & Partners Ltd & Another
Citation:  EWHC 3573 (TCC)
Nature of case:
At a preliminary issues trial in the TCC, Stuart-Smith J considered the meaning of an exemption clause which sought to limit the liability of a professional consultant “for pollution and contamination” and which sought to exclude “liability for any claim in relation to asbestos”.
The Court had to consider whether the clause:
- Covered negligent advice.
- Was incorporated into and/or applied to a previous contract.
The Court gave a wide meaning to the clause and found that it did cover negligent advice, and held that the clause did not apply to and was not incorporated into the previous contract.