Interactive E-Solutions JLT & Anor v O3b Africa Ltd

Interactive E-Solutions JLT & Anor v O3b Africa Ltd

The exclusion clause in the MSA bars all claims except those where fraud is a necessary averment of the cause of action. Interactive's counterclaim does not allege fraud as a constituent part of its cause of action, and therefore falls within the exclusion. The judge's interpretation of the clause was correct.

Parties
Appellant: Interactive E-Solutions JLT; Appellant: Interactive E-Solutions DMCC; Respondent: O3B Africa Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Permission to Re Re Re Amend Defence and Counterclaim
Outcome
appeal dismissed
Legal Topics
Exclusion Clauses, Fraud Carve Out, Contractual Interpretation, Limitation of Liability
Contract Law Commercial Law Exclusion Clauses Fraud Carve Out Contractual Interpretation Limitation of Liability

Case Brief

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Parties

Interactive E-Solutions JLT

Appellant

Interactive E-Solutions DMCC

Appellant

O3B Africa Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Permission to Re Re Re Amend Defence and Counterclaim

Legal Issues

  1. 1 Whether Interactive E-Solutions JLT's counterclaim is barred by the exclusion clause in the Master Services Agreement (MSA)
  2. 2 Whether the fraud carve-out in the exclusion clause applies to the pleaded counterclaim

Ratio Decidendi

The exclusion clause in the MSA bars all claims except those where fraud is a necessary averment of the cause of action. Interactive's counterclaim does not allege fraud as a constituent part of its cause of action, and therefore falls within the exclusion. The judge's interpretation of the clause was correct.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Permission to re-re-re-amend Defence and Counterclaim refused