000 01819cad a22001935a 4500
001 L143691
008 080527e20080415xxk f 000 0 eng d
035 _a(Sirsi) u143691
041 0 _aeng
245 0 0 _aRegus (UK) Ltd v Epcot Solutions Ltd
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aREGUS (UK) LTD V EPCOT SOLUTIONS LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/361.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c80253
_d80253