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

November 2013
Tom Pemberton and Ibaad Hakim

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.

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