Manus McMullan QC and Rónán Hanna win in the Court of Appeal
Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor  EWCA Civ 373
Judgement has been handed down by the Court of Appeal in the case of Persimmon Homes Limited and Others v Ove Arup & Partners Limited and Another.
The case concerned the question of whether an agreement between the parties that “Liability for any claim in relation to asbestos is excluded” was binding and effective. The Court of Appeal held that it was. As a result, the claims against Arup under various agreements and warranties are not permitted to proceed. The case is important in providing up-to-date guidance on how exclusion clauses are to be interpreted in English law.
(Instructed by CMS Cameron McKenna Nabarro Olswang LLP).
To view the full judgment please click here.
25 May 2017