Polypearl Ltd v E.On Energy Solutions Ltd

Practice – Pre-trial or post-judgment relief. The claimant and the defendant entered into two written agreements, a master agreement (the master agreement) containing general terms and conditions and an insulation scheme event transaction document (the document). The claimant contended that under the terms of the document the defendant was in breach of contract. The defendant denied that it was in breach of the document or at all. Furthermore it sought to rely on, inter alia, cll 10.1 of the master agreement which excluded liability for indirect losses and limited liability for direct losses to £1,000,000. The claimant denied that the clause limited or excluded liability for the losses it suffered as a result of the breach of the document.The Queen's Bench Division held that cl 10.1 of the master agreement had not excluded liability for the claimant's losses.

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