Limitations of Liability

Simon Hale KC

November 2025

Published in the SCL Journal: Autumn 2025 

In this paper Simon Hale KC provides a comprehensive review of limitation of liability clauses from an English & Welsh law perspective. He explains that these clauses are of vital commercial importance to parties on construction or technology projects. If there is clarity the limitation of liability clause will generally be enforced, but that is a big ‘if’. The paper looks at the relevant principles of contractual interpretation and goes on to review some recent cases and highlight the questions that arose, and how the courts resolved them using the principles set out. The author draws out elements that the reader might want to deploy, or watch out for, in their own contracts and their own cases.  

Introduction – Part 1: The Character of the Breach Cases – Part 2: The Type of Loss Cases – Part 3: The Declaration of Intent Cases

The author: Simon Hale KC is a barrister practising from 4 Pump Court

Text: 22 pages