Is that exclusion clause enforceable?

The Court of Appeal has reversed an earlier court decision which refused to allow a party to rely on an exclusion clause contained in its standard terms of business. The first instance decision regarded the clause, which was contained in an agreement for the provision of serviced office accommodation, as unreasonable and therefore unenforceable under the Unfair Contract Terms Act 1977 (UCTA) but the Court of Appeal thought there was nothing wrong with it.

We have looked at why the Court of Appeal overturned the earlier decision and what it had to say about how an exclusion clause can be rescued by removing unreasonable sections.

Read our expert analysis of the case.