||All England Reporter
|| All ER (D) 98 (Jan)
|| EWCA Civ 23
||Court of Appeal, Civil Division
Sir Ernest Ryder (P), Lindblom and Newey LJJ
||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.
||18 January 2018
Contract - Terms - Clause
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.
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