Stent Foundations Ltd v. M J Gleeson Group Plc [2000] EWHC Technology 66 (9th August, 2000)

Clause 2.04 of Gleeson's standard terms and conditions does not provide a complete defence to Stent's claim because it is not clear or unambiguous enough to exclude liability for the defendants' own negligence, and any ambiguity must be resolved against the defendants.

Citation: [2000] EWHC Technology 66
Parties: Claimant: Stent; Defendant: Gleeson
Jurisdiction: England and Wales
Procedural Posture: Trial of Preliminary Issues / Judgment
Outcome: judgment for the claimants
Legal Topics: Exclusion Clauses, Indemnity Clauses, Negligence, Interpretation of Contracts, Unfair Contract Terms Act 1977

Contract Law Construction Law Tort Law Exclusion Clauses Indemnity Clauses Negligence Interpretation of Contracts Unfair Contract Terms Act 1977

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Parties

Stent

Claimant

Gleeson

Defendant

Procedural Posture

Trial of Preliminary Issues / Judgment

Legal Issues

1 Whether Gleeson's standard terms and conditions provide a complete defence to Stent's claim
2 Whether the Unfair Contract Terms Act 1977 applies to condition 2.04 or any other condition relied upon by Gleeson

Ratio Decidendi

Court Disposition

judgment for the claimants

Orders

Gleeson's standard terms and conditions do not provide a complete defence to Stent's claim
No decision required on the applicability of the Unfair Contract Terms Act 1977 to condition 2.04