Persimmon Homes Ltd & Others v Ove Arup & Partners Ltd & Another

Citation: [2015] 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:

  1. Covered negligent advice.
  2. 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.

Link to Judgment

Counsel: Marcus Taverner QC and Tom Owen appeared on behalf for the Claimants.

Counsel

Tom Owen

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