Internet Broadcasting Corporation Ltd. (T/a Nettv) & Anor v Mar LLC (T/a Marhedge) [2009] EWHC 844 (Ch) (24 April 2009)

Internet Broadcasting Corporation Ltd. (T/a Nettv) & Anor v Mar LLC (T/a Marhedge) [2009] EWHC 844 (Ch) (24 April 2009)

Clause 17 does not, on its proper construction, exclude liability for loss of profits arising from a deliberate, personal, repudiatory breach of contract by the Defendant, as the clause lacks the clear and strong language required to achieve such an effect and a literal construction would defeat the main object of the contract.

Citation
[2009] EWHC 844 (Ch)
Parties
Claimant: Internet Broadcasting Corporation Ltd (t/a NETTV); Claimant: NETTV Hedge Funds Limited (formerly Marhedge TV Limited); Defendant: MAR LLC (t/a MARHedge)
Jurisdiction
England and Wales
Judgment Date
24 April 2009
Procedural Posture
Commercial Contract Dispute / Trial on Preliminary Issue (liability Only)
Outcome
Exemption clause does not exclude liability for loss of profits in case of deliberate, personal, repudiatory breach; preliminary issue decided in favour of Claimants.
Legal Topics
Exemption Clauses, Repudiatory Breach, Interpretation of Contracts, Limitation of Liability
Contract Law Commercial Law Exemption Clauses Repudiatory Breach Interpretation of Contracts Limitation of Liability

Case Brief

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Parties

Internet Broadcasting Corporation Ltd (t/a NETTV)

Claimant

NETTV Hedge Funds Limited (formerly Marhedge TV Limited)

Claimant

MAR LLC (t/a MARHedge)

Defendant

Procedural Posture

Commercial Contract Dispute / Trial on Preliminary Issue (liability Only)

Legal Issues

  1. 1 Does the exemption clause (clause 17) exclude liability for loss of profits arising from a deliberate, personal, repudiatory breach of contract by the Defendant?

Ratio Decidendi

Clause 17 does not, on its proper construction, exclude liability for loss of profits arising from a deliberate, personal, repudiatory breach of contract by the Defendant, as the clause lacks the clear and strong language required to achieve such an effect and a literal construction would defeat the main object of the contract.

Court Disposition

Exemption clause does not exclude liability for loss of profits in case of deliberate, personal, repudiatory breach; preliminary issue decided in favour of Claimants.