So…Johnny Scribe the lawyer can choose between the thrills of drafting a beautifully honed indemnity clause….or he can race at Le Mans in a Ferrari, Lamborghini, or a Porsche. No brainer: drafting the indemnity clause is excitement-plus for Johnny. (Johnny’s client might wonder what the fuss is about though as she listens to the lawyers haggle over these arcane things).

But a clash involving indemnities, Le Mans, and those car makers, means this tough call is no longer. Le Mans fans can thrill to the excitement of indemnity clauses. Heaven.

This recent English judgment is one of the few on contractual indemnities. The facts are a mirror of what happens with other IP indemnities such as for software.