Off Site Solutions (RT) Ltd v Altecnic Ltd
Date: 31 October 2018
Barrister/s: John Dickinson
Area/s of law: Commercial, Commercial Dispute Resolution
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His Honour Judge Russen QC handed down judgment on 31st October 2018 in the High Court, Business and Property Courts, Commercial Court (QBD) Bristol District Registry trial of the case of Off Site Solutions (RT) Ltd v Altecnic Ltd. The claimant, represented by John Dickinson of St John’s Chambers’ Commercial team, succeeded in its claim for damages for defective goods.
The case included a battle of the forms between two competing sets of standard terms, in which the claimant’s terms prevailed. In any event the court found that the key limitation of liability clauses in the defendant’s standard terms could not be relied upon as they were not fair and reasonable under the Unfair Contract Terms Act 1977, principally by reason of insufficient notice being given.