Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Exclusion definition

What does Exclusion mean? In school discipline, exclusion is the formal removal of a pupil from attending school, either temporarily or permanently, in response to serious misconduct. It operates under statute and statutory guidance, with procedural safeguards such as written reasons, an opportunity to make representations, and routes of review or appeal. In England, the terms are suspension (formerly fixed‑period exclusion) and permanent exclusion, under the Education Act 2002/Education and Inspections Act 2006 and DfE statutory guidance. The head teacher/principal decides, the governing board reviews, and there is a right to an independent review panel. In Wales, “exclusion” (fixed‑term or permanent) remains the operative...

Limiting and excluding liability in construction contracts: financial caps, consequential loss, carve-outs, standard forms, time bars, with statutory controls (UCTA, DPA, CRA, Building Safety Act) and key case law

Published by a LexisNexis Construction expert

Practice notes

Limitation clauses and Exclusion clauses in construction contracts

This Practice Note offers guidance on the use of limitation and exclusion provisions—often called exemption or exception clauses—within construction contracts. It addresses monetary caps, the exclusion of consequential (indirect) loss and typical carve-outs, together with alternative mechanisms for curbing liability. It also examines the legal constraints on limiting or excluding liability, including those arising under the Unfair Contract Terms Act 1977 (UCTA 1977), the Defective Premises Act 1972 (DPA 1972) and the Consumer Rights Act 2015 (CRA 2015). Construction contracts range from small residential schemes to major infrastructure or commercial development projects. The potential exposure for contractors, as well as consultants and sub-contractors, when something goes wrong can be substantial, particularly where they take on design responsibilities. Professional indemnity insurance may protect parties in respect of certain claims, yet it might not be sufficient to provide complete cover. It is therefore unsurprising that parties often seek to manage their exposure to damages through terms that expressly limit, or even exclude, liability...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...