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While lawyers were all brought up on the principle of “freedom to contract”, there appears to be a growing trend that the Courts are today prepared to take a more restrictive approach when it comes to construing scope of an exclusion clause. The latest example of this can be found in the recent Court of Appeal case of Kudos Catering (UK) Limited –v- Manchester Central Convention Complex Limited [2013] EWCA Civ 38. Read more
The High Court recently confirmed that a party’s obligation in a contract to exercise "all reasonable endeavours" could require that party to act against its own commercial interests. Read more
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