Citation: [2016] EWHC 2509 (TCC)
The parties applied to the Court for declaratory relief in relation to the formation of a contract and, if there was a contract, in relation to the incorporation of particular terms, including a limitation of liability provision which Hyder asserted had the effect of capping its liability in respect of defective design.
Buchan contended that the parties’ relationship was governed by letters of intent and that if there was a contract, it did not incorporate the limitation of liability provision.
The Court applied the principles laid down in RTS Flexible Systems [2010] UKSC 14 (amongst others) and concluded that there was a simple contract between the parties, but that Hyder’s liability was uncapped.
Representing the Defendant: Simon Hughes QC & Calum Lamont
Representing the Claimant: Marcus Taverner QC & Gideon Scott Holland
