No further appeal in asbestos non-reliance clause case

The Supreme Court has refused a landlord permission to appeal in a case in which it sought unsuccessfully to argue that a non-reliance clause in a lease protected it from a retail tenant’s misrepresentation claim after asbestos was discovered in Barnsley warehouse bays. The landlord was ordered to pay £1.4m in damages by the High Court.

The Court of Appeal upheld the High Court ruling that the non-reliance clause constituted an unreasonable exclusion clause, in a June 2018 decision that will now stand unchallenged.

Lady Hale, Lady Black and Lord Kitchin refused the landlord permission to appeal

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