Private Law Theory

ABSTRACT
In February 2025, the English Court of Appeals handed down the judgment in the case EE Limited v Virgin Mobile Telecoms Limited [2025] EWCA Civ 70. The judgment illustrates the challenges of interpreting exclusion clauses in contracts, particularly the exclusion clauses for loss of profit claims when they are termed as ‘anticipated profits’. The lead judgment is by Zacaroli LJ with whom Coulson LJ agreed to dismiss the appeal, while Phillips LJ dissented.

Seth, Hasit, Interpreting Exclusion Clauses for Loss of Profits in Contracts (July 16, 2025).