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Just how effective are exclusions of indirect and consequential loss?

Overview

In GB Gas Holdings v Accenture, the UK’s Court of Appeal has upheld the first instance judge's findings on preliminary issues relating to the exclusions clause.

The case demonstrates the potentially limited effect of clauses which exclude liability for indirect and consequential loss, and the need to be very specific as to which heads of loss are to be excluded.

It identifies five clear and concrete examples of specific losses which are held to be direct loss and recoverable in the context of the design and supply of new IT system. Wragge & Co's information technology experts take a detailed look at the case and its implications.

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