| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 270 (Dec) |
| Court: | Chancery Division |
| Judge: | Etherton J |
| Representation | Simon Mills (instructed by Paul Davidson Taylor) for the claimants. |
| Mathew Hardwick (instructed by Goodman Derrick) for the defendant. | |
| Judgment Dates: | 15 December 2006 |
Catchwords
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.
The Case
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.
Practice Areas
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