Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disclaimer definition

What does Disclaimer mean? In practice, a disclaimer is the statutory power used in insolvency to renounce “onerous property” (typically an onerous lease, unprofitable contract or burdened asset) so the insolvent estate ceases to incur ongoing liabilities. It is exercised by notice (and, in some cases, with the court’s permission). In England & Wales and Scotland, liquidators and trustees in bankruptcy may disclaim under the Insolvency Act 1986 (liquidations: section 178; bankruptcy: section 315). Northern Ireland has equivalent provisions in the Insolvency (Northern Ireland) Order 1989. In the UK, the Crown may disclaim property vesting as bona vacantia (Companies Act 2006, section 1013). In...

Email disclaimers and footers: notice, assent, enforceability, statutory controls, drafting guidance and example wording

Published by a LexisNexis Commercial expert

Practice notes

This Practice Note examines Disclaimers, particularly those used in email communications, and offers suggested wording. Refer also to Precedent: Email Notices and email footers.

Introduction

A disclaimer is a mechanism designed to exclude or limit liability in Contract, tort (notably negligence) or under statute. They are also known as exclusion, limitation of liability or exemption clauses and they typically appear as a notice or a term within a set of terms and conditions. To be effective, the party wishing to rely on it must bring it clearly to the other party’s attention. Timing is crucial—the notice must precede any assent by the other party (whether explicit or inferred from conduct) to the disclaimer. Absent prior notice, no agreement to the disclaimer can be formed. Without assent, it cannot be enforced against that party. No amount of drafting remedies the lack of notice and assent. What amounts to notice and assent is entirely context-specific, i.e. turns on the surrounding circumstances. The harsher the disclaimer, the more conspicuous it needs to be...

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Web page updated on 21/05/2026

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