Sutton Park National Nature Reserve. Britain’s largest urban park.

Jewson Ltd v Kelly [2002] 2002 WL 1654944 (QBD)

Jewson Ltd v Kelly [2002] 2002 WL 1654944 (QBD)

Bell Lax acted for the defendant.

A clause in a sale of goods contract stated that the purchaser “shall not be reliant in any way upon the advice, skill or judgment” of the seller. Bell Lax argued for its client that such a clause was not an operative provision which could be characterised as a ‘deeming clause’ or a true exclusion clause; the seller could not escape liability for a breach of the Sales of Goods Act 1979 s.14(3).

The court found in favour of Bell Lax’s client.