Welcome to the latest issue of the TRG Update.

In this edition we feature:

• Two separate cases focussing on exclusions of liability for loss of profit;

• The scope of an indemnity;

• Termination for delay and time being ‘of the essence’.

An archive of the cases which have featured in our Updates over the years is available here.

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Excluding liability for loss of profit (1)

Pinewood Technologies Asia v Pinewood Technologies (High Court) [2023]

The question before the court was whether an exclusion clause in a contract effectively excluded liability for loss of profits. The court also had to consider whether a prohibition upon exercising a right of set-off was effective. Finally, the decision also provides a useful illustration of the approach the English courts will take to applying the Unfair Contract Terms Act 1977 ("UCTA") to exclusion clauses in contracts that have been negotiated   ...   More>>>

Excluding liability for loss of profit (2)

Virgin Mobile Telecoms v EE (High Court) [2023]

Another case where a loss of profit exclusion had a major impact on the ability of a contracting party to claim damages ...   More>>>

Scope of an indemnity

PA v Cigna Insurance (High Court) [2023]

Indemnities are now a regular feature of commercial contracts so how they are interpreted is important ...  More>>>

Termination for delay

Topalsson v Rolls-Royce Motors (High Court) [2023]

Issuing a termination notice without due cause can be extremely risky as that can itself amount to a repudiatory breach. This case considered what happens where a terminating party first issues an invalid termination notice followed by a valid termination notice ...  More>>>

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TRG Updates contain practical summaries of important legal developments in commercial contract law, including information technology and related areas.

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