SAM v Hedley’s: The TCC answers the Court of Appeal in Watford Electronics

Two cases have come out of the Technology and Construction Court (TCC) in recent weeks reversing what for many had seemed to be a run of success for users against IT suppliers. In particular, when it came to applying the Unfair Contract Terms Act 1977 (UCTA) to exclusions and limitations of liability, IT suppliers were prone to fare badly. This note from Richard Stephens reports on the recent case of SAM Business Systems Limited v Hedley and Company [2002] EWHC 2733 (TCC), a decision of Judge Bowsher QC. *This article will look at two principal issues in the judgment: the presence of bugs and their legal implications and limitations and exclusions of liability in the light of the Unfair Contract Terms Act 1977.

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