Session 12: Limitations of liability and disclaimers- what’s the recent case law, do they work and what are the regulatory ramifications?

28 February 2024

Speakers: Helen Evans KC and Marie-Claire O’Kane

We will be exploring the range of different tactics used by professionals try to limit or exclude their liability, identifying where they run into difficulty and which methods are most likely to work. We will consider the attitude not only of the courts but also of the regulators, and identify how various clauses have fared in recent litigation. We will unpack the court’s attitude to limiting the scope of a retainer and sending a disclaimer to a client part way through a dispute in Lewis v Cunningtons, as well as explaining the recent refusal to strike out a claim against auditors despite the presence of a Bannerman disclaimer in Amathus Drinks v EAGK. The talk is aimed at anyone advising on whether limitations of liability or disclaimers are likely to work, and acts as both a refresher on the core principles and a legal update.

Related People

Helen Evans KC

Call: 2001 Silk: 2022



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