Our aggregate liability in contract or tort (including negligence) or under statute or otherwise, for any loss (including direct loss and indirect or consequential loss and including loss of business or profits), liability or damage suffered by you or any other person that may arise from or in connection with our Legal Services, shall be limited to the lowest of:
- that proportion of such loss, liability or damage suffered by you or any other person after taking into account any of your or any other person's contributory act or omission (including any contributory negligence) and any amount which you or any other person would have been entitled to recover from any other advisor or party in the absence of any exclusion of limitation of liability agreed with such advisor or party;
- the amount specified by us in any letter of engagement from us to you or to any person acting on your behalf, in relation to those Legal Services; or
- if no amount is specified, an amount not exceeding £2 million.
Neither you nor any other person is permitted to bring any claim in respect of any loss, liability or damage arising from or in connection with our Legal Services against any of our employees or agents even where our employees or agents have been negligent. This restriction shall not operate to exclude our liability for the acts or omissions of any of our employees or agents.
Any claim made by you or any other person in respect of any loss, liability or damage arising from or in connection with our Legal Services, whether in contract or tort (including negligence) or under statute or otherwise, must be made:
- where those Legal Services have been delivered, within three years of the date on which the work giving rise to the claim was performed; and
- if those Legal Services have been terminated, within three years of the date of termination (subject to the above),
and in either of these cases that shall be the date when the earliest cause of action (in contract or tort (including negligence) or under statute or otherwise) shall be deemed to have accrued in respect of the relevant claim. For these purposes, a claim shall be made when court or other dispute resolution proceedings are commenced.
Nothing in this paragraph shall limit or exclude any liability which cannot lawfully be limited or excluded.