ARTICLE
8 August 2024

Part 1 - Gross Negligence And Reframing A Type Of Loss (Video)

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Norton Rose Fulbright Hong Kong

Contributor

Norton Rose Fulbright provides a full scope of legal services to the world’s preeminent corporations and financial institutions. The global law firm has more than 3,000 lawyers advising clients across more than 50 locations worldwide, including London, Houston, New York, Toronto, Mexico City, Hong Kong, Sydney and Johannesburg, covering Europe, the United States, Canada, Latin America, Asia, Australia, Africa and the Middle East. With its global business principles of quality, unity and integrity, Norton Rose Fulbright is recognized for its client service in key industries, including financial institutions; energy, infrastructure and resources; technology; transport; life sciences and healthcare; and consumer markets.

James Russell and Rohan Isaacs discuss recent case law on liability caps and carve-outs for gross negligence, and the risks of reframing exclusions of loss. They examine implications for businesses negotiating outsourcing, technology, or transitional services agreements.
United Kingdom Strategy

Should a liability cap be subject to a carve-out for gross negligence? What are the potential pitfalls of attempting to avoid an exclusion of a loss by reframing it as something else?

In this video, James Russell and Rohan Isaacs look at recent case law in these areas, and the implications for a business negotiating an outsourcing, technology or transitional services agreement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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