On 18 June 2018, the Court of Appeal handed down judgment in Goodlife Foods Limited v Hall Fire Protection Limited [2018] EWCA Civ 1371, in which the Court unanimously upheld a finding that a far-reaching limitation of liability clause in a contract for the supply of a fire suppression system was incorporated into the contract and was reasonable under the Unfair Contract Terms Act 1977.
Appellate decisions regarding UCTA are rare, and in a 28 page judgment the Court of Appeal affirmed the context specific nature of decisions under UCTA, and made important observations about the interplay between the common law doctrine of fair and reasonable notice and the statutory reasonableness test.
A link to the judgment can be found here.
Leigh-Ann Mulcahy QC and Simon Paul acted for the successful respondent, instructed by Paul de la Porte of Plexus Law.
