||All England Reporter
|| All ER (D) 270 (Dec)
||Simon Mills (instructed by Paul Davidson Taylor) for the claimants.
||Mathew Hardwick (instructed by Goodman Derrick) for the defendant.
||15 December 2006
Contract - Warranty - Breach - Share purchase agreement - Service of notice of breach of warranty - Clause directing service on claimants' solicitor - Notice given to different solicitor - Whether clause mandatory or permissive - Whether notice given under agreement.
A clause stating that notices of breaches of warranties had to be served on the claimants' solicitors was mandatory and not permissive. Therefore, service on a different firm of solicitors was not effective service and a declaration that the defendant had failed to give the relevant notice was duly ordered.
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