Source: All England Reporter
Publisher Citation: [2016] All ER (D) 04 (Jan)
Neutral Citation: [2015] EWCA Civ 1310
Court: Court of Appeal, Civil Division

Longmore, Gloster LJJ and Henderson J

Representation Adam Tolley QC (instructed by Plexus Law Ltd) for the claimants.
  Neil Kitchener QC and Laurence Emmett (instructed by Nabarro LLP) for RFIB.
Judgment Dates: 21 December 2015


Indemnity - Construction of indemnity clause - Assignment of losses - Judge finding company in breach of contract and duty, and in continuing breach - Judge finding misrepresentations being made - Judge finding first claimant unable to rely on conduct occurring before transfer date of share purchase agreement and apportioning losses - Claimants appealing - Whether losses resulting from original breaches - Whether judge erring in finding continuing breaches - Whether judge erring as to date of misrepresentations - Whether judge erring in making apportionment.

The Case

Indemnity Construction of indemnity clause. The Court of Appeal, Civil Division, held that the obtaining and receiving of advice after a mistake had been made, even if the mistake could be easily rectified, could not mean that an obligation to correct one's mistake or negligence continued to accrue and give a fresh cause of action every day after the mistake had been made.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.