Due diligence, obligations to cooperate and limitations of liability – the importance of ensuring that they are in clear and certain terms

The recent judgment by Stuart-Smith J in SABIC UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 2916 (TCC) and a related case involving Punj Lloyd’s subsidiary Simon Carves Ltd addressed the following issues, among others: the meaning of “due diligence”, the obliged obligation of one party not to hinder or disrupt and the scope of a clause limiting liability.