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ARTICLE · 13 FEBRUARY 2024

Excluding Liability For Dishonest Breach – A Warning

Blaser Mills
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The recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC) provides a salient reminder of the need for parties...

United KingdomLitigation, Mediation & Arbitration
Jade Salton-Brooks
Jade Salton-Brooks
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The recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC) provides a salient reminder of the need for parties to carefully consider the limitation of liability in contracts and the construction of these clauses.

Innovate sought damages from the University of Portsmouth arising from a Research Agreement between the parties concerning research into a drug patented by Innovate. An academic paper was published by the University which Innovate alleged had been "infected by dishonesty" because the author of the paper (a scientist at the University) either knew, or was reckless as to whether, the paper was in-part fabricated.

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