STOP PRESS: On 6 April 2025, Part 3 (consumer protection enforcement) and Part 4, Chapter 1 (unfair commercial practices) (excluding ss 232, 234 and 235) of the Digital Markets, Competition and Consumers Act 2024 entered into force. This Practice Note is being updated to take account of this change. For more information, see Practice Note: Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024.

This Practice Note considers Exclusion and Limitation of Liability in business-to-consumer (B2C) contracts and Notices. It considers the Consumer Rights Act 2015 (CRA 2015) and the Competition and Markets Authority (CMA) guidance on unfair terms in the context of exclusion and limitation of liability (CMA Guidance). It also provides guidance for drafting exclusion and limitation of liability clauses (also known as limitation of liability clauses, limitation clauses, exclusion of liability clauses, disclaimers, exclusion clauses and exemption clauses).

In this Practice Note, exclusion and limitation of liability provisions in B2C contracts or notices are collectively referred to as ‘exemption clauses’.

A B2C contract term or notice which