Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) (30 March 2021)

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) (30 March 2021)

The exclusion and limitation of liability clauses in the SSA, properly construed according to the normal principles of contractual interpretation, apply to all breaches by the Claimant, including those alleged to be fundamental, deliberate, or wilful. There is no presumption or special rule requiring particular language to exclude liability for such breaches in commercial contracts between sophisticated parties. The issue is suitable for summary judgment as the relevant context is established and will not be materially altered by trial.

Citation
[2021] EWHC 754 (TCC)
Parties
Claimant: Mott MacDonald Ltd; Defendant: Trant Engineering Ltd
Jurisdiction
England and Wales
Judgment Date
30 March 2021
Procedural Posture
Commercial Contract Dispute (summary Judgment Application) / High Court (technology and Construction Court) Summary Judgment
Outcome
Summary judgment granted for the Claimant on the construction of the exclusion and limitation clauses.
Legal Topics
Exclusion and Limitation Clauses, Summary Judgment, Interpretation of Contracts, Deliberate and Fundamental Breach, Allocation of Risk in Commercial Contracts
Contract Law Construction Law Exclusion and Limitation Clauses Summary Judgment Interpretation of Contracts Deliberate and Fundamental Breach Allocation of Risk in Commercial Contracts

Case Brief

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Parties

Mott MacDonald Ltd

Claimant

Trant Engineering Ltd

Defendant

Procedural Posture

Commercial Contract Dispute (summary Judgment Application) / High Court (technology and Construction Court) Summary Judgment

Legal Issues

  1. 1 Whether the exclusion and limitation of liability clauses in the SSA apply to fundamental, deliberate, or wilful breaches by the Claimant
  2. 2 Whether summary judgment can be granted on the construction of the relevant clauses without a full trial

Ratio Decidendi

The exclusion and limitation of liability clauses in the SSA, properly construed according to the normal principles of contractual interpretation, apply to all breaches by the Claimant, including those alleged to be fundamental, deliberate, or wilful. There is no presumption or special rule requiring particular language to exclude liability for such breaches in commercial contracts between sophisticated parties. The issue is suitable for summary judgment as the relevant context is established and will not be materially altered by trial.

Court Disposition

Summary judgment granted for the Claimant on the construction of the exclusion and limitation clauses.

Orders

  • It is declared that the exclusion and limitation of liability clauses in the SSA apply to all breaches by the Claimant, including fundamental, deliberate, or wilful breaches.