Exclusion clauses, reasonableness and summary proceedings

South East Water Ltd v Elster Water Metering Ltd [2024] EWHC 620 (TCC)

In South East Water Ltd v Elster Water Metering Ltd [2024] EWHC 620 (TCC), His Honour Judge Stephen Davies, sitting as a Judge of the High Court, struck out a number of claims brought by the claimant against the defendant on the ground that they had been effectively excluded by the terms of the contract between the parties. The terms themselves were held not to fall within the scope of section 3 of the Unfair Contract Terms Act 1977 and so were not vulnerable to challenge under the Act. But, had the Act been applicable, the terms were held to have been reasonable and Judge Stephen Davies was willing to reach this conclusion in summary proceedings notwithstanding a recent decision of the Court of Appeal which held that the reasonableness of a clause is a matter that is not generally suitable for determination in summary proceedings.