Limitation of liability and the UK MoD: Everything you need to know

Written By

mark leach module
Mark Leach

Partner
UK

I am a specialist in outsourcing and large scale technology projects and co-head the firm's Technology Transactions and International Outsourcing practice groups.

Limitation of liability goes to the heart of risk allocation and is one of the most important topics in any contract negotiation. The UK’s Ministry of Defence (MOD) has recently issued a revised commercial policy statement on limitation of liability (Version 3.0, 3 February 2021) which marks a radical shift from the previous one.



Following on from our recent Aviation & Defence webinar on limitation of liability, our subsequent session which took place on the 15 March 2021 with our leading experts including Wolf von Kumberg, Former Assistant General Counsel, Northrop Grumman, now Consultant to Bird & Bird and Les Mosco, Consultant and ex Commercial Director for DE&S and the MOD, examined:

  • The MoD’s commercial policy statement – what does it mean for your negotiations, and will you now be able to achieve a limitation on liability in your contracts?
  • What risks can be capped under English law business to business contracts?
  • What types of risk would commonly remain uncapped, and how can you mitigate these risks?
  • What are the links between limitation of liability, insurance and indemnities and how should this be analysed?

View webinar here.

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