Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Misconduct definition What does Misconduct mean? Misconduct describes an employee’s improper behaviour that breaches contractual duties, workplace rules or reasonable instructions. It is a descriptive term used across employment and professional discipline. In employment law, “conduct” is a potentially fair reason for dismissal (England & Wales and Scotland: Employment Rights Act 1996; Northern Ireland: Employment Rights (Northern Ireland) Order 1996; Ireland: Unfair Dismissals Acts). Statute does not exhaustively define misconduct; its scope is shaped by case law, disciplinary policies and codes of practice. Typical examples include insubordination, dishonesty, unauthorised absence, misuse of company property, bullying or negligence. Ordinary misconduct usually leads to warnings or lesser sanctions....
Read More
Wilful Misconduct, Deliberate Default, Abandonment and Repudiatory Breach in Exclusion and Limitation Clauses: Case Law and Drafting Guidance under English Law
Published by a
LexisNexis Commercial expert
Practice notes
This Practice Note provides guidance on the meaning, application and significance of frequently used expressions in exclusion and limitation of liability clauses in commercial agreements, including the following terms:
- abandonment
- wilful misconduct
- deliberate default
It reviews how case law has interpreted these expressions and offers pointers for parties when drafting and negotiating commercial agreements.
What is an exclusion or limitation of liability clause?
An exclusion clause is a contractual provision that specifies what liability is excluded, sometimes described as an exemption clause. A limitation of liability clause is a contractual provision that sets boundaries on liability. Both types of clauses are controlled by statute and the common law. For an overview of those controls, see Practice Note: Exclusion and limitation of liability and for an example of a limitation provision, see Precedent: Limitation of liability clause.
What do the terms used in these types of clauses mean and why is this important?
The wording used in an exclusion or limitation of liability clause determines how it operates in particular circumstances and may shield a party from liability for specific categories of damage, even where such damage arises from...
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
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...
Discover more from LexisNexis
