Continue reading "Non-reliance clauses: Draft with caution"
Non-reliance clauses: Draft with caution
Michael Norris outlines judicial guidance on the reasonableness of non-reliance clauses, and points to consider when attempting to limit a trustee’s liability to the assets of the trust ‘The judge at first instance concluded that while there might be arguments about which enquiry was the relevant one, there was a clear misrepresentation in relation to …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- First Tower Trustees Ltd & anor v CDS (Superstores International) Ltd [2018] EWCA Civ 1396
- Impact Funding Solutions Ltd v AIG Europe Insurance Ltd (formerly known as Chartis Insurance (UK) Ltd) [2016] UKSC 57
- Investec Trust (Guernsey) Ltd & anor v Glenalla Properties Ltd & ors [2018] UKPC 7; [2019] WTLR 95 PC