Source: All England Reporter
Publisher Citation: [2018] All ER (D) 98 (Jan)
Neutral Citation: [2018] EWCA Civ 23
Court: Court of Appeal, Civil Division
Judge:

Sir Ernest Ryder (P), Lindblom and Newey LJJ

Representation John Jarvis QC and George McPherson (instructed by McGuireWoods London LLP) for the appellant.
  Michael Fealy QC (instructed by DLA Piper UK LLP) for the respondent.
Judgment Dates: 18 January 2018

Catchwords

Contract - Terms - Clause

The Case

Contract Terms. The claims for damages for breach of warranty or an indemnity in relation to tax, would be struck out as the requirements of para 4 of sch 4 to the share purchase agreement had not been satisfied. The claim had not identified the particular warranties and provisions of the Tax Covenant on which the claims had been based. The Court of Appeal, Civil Division, held that the 'setting out' of the 'grounds' of a claim that para 4 called for meant that the legal basis of the claim had to be identified.

Practice Areas

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