Regus (UK) Ltd v Epcot Solutions Ltd [electronic resource]
Regus (UK) Ltd v Epcot Solutions Ltd [electronic resource]
- 2008
[2008] EWCA Civ 361, 15 April 2008. Considered whether a term in a contract for the supply of serviced office accommodation which excluded liabilities for loss was enforceable under the Unfair Contract Terms Act 1977. The appellant landlord (R) appealed against a decision (L138693) that a clause in its standard contract was unfair under section 11 of the Act. The defendant tenant (E) had been awarded damages for loss of business due to the need to relocate as a result of a persistently faulty air conditioning system which R failed to repair. R appealed against the decision. E submitted that even if the clause left room for remedy by a reduction in fees paid to R, this was unfair as R had caused the situation by wilfully failing to repair the faulting air conditioning. "Held": The judge had been wrong to rule the clause as unreasonable, since it left E with no legal remedy to the situation. The clause did not exclude wilful or malicious damages, a course of remedy still open to E in the light of financially measurable consequences. R advised its customers to insure themselves against business loss, and this was consistent with its contract. Appeal allowed.
REGUS (UK) LTD V EPCOT SOLUTIONS LTD
England and Wales--1543-
[2008] EWCA Civ 361, 15 April 2008. Considered whether a term in a contract for the supply of serviced office accommodation which excluded liabilities for loss was enforceable under the Unfair Contract Terms Act 1977. The appellant landlord (R) appealed against a decision (L138693) that a clause in its standard contract was unfair under section 11 of the Act. The defendant tenant (E) had been awarded damages for loss of business due to the need to relocate as a result of a persistently faulty air conditioning system which R failed to repair. R appealed against the decision. E submitted that even if the clause left room for remedy by a reduction in fees paid to R, this was unfair as R had caused the situation by wilfully failing to repair the faulting air conditioning. "Held": The judge had been wrong to rule the clause as unreasonable, since it left E with no legal remedy to the situation. The clause did not exclude wilful or malicious damages, a course of remedy still open to E in the light of financially measurable consequences. R advised its customers to insure themselves against business loss, and this was consistent with its contract. Appeal allowed.
REGUS (UK) LTD V EPCOT SOLUTIONS LTD
England and Wales--1543-