The use of hindsight in share sale breach of warranty claims – Littleton Chambers

Posted October 3rd, 2023 in chambers articles, damages, news, warranties by sally

‘On a share sale breach of warranty claim, will the court allow matters post-sale to influence quantum?’

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Littleton Chambers, 8th September 2023


Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by tracey

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

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Practical Law: Construction Blog, 2nd September 2021


When is a collateral warranty a “construction contract”? – Practical Law: Construction Blog

Posted August 6th, 2021 in construction industry, contracts, dispute resolution, news, warranties by tracey

‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’

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Practical Law: Construction Blog, 3rd August 2021


Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

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Practical Law Construction Blog, 22nd January 2020


Claimant wanted to use draft ruling to extract settlement – Litigation Futures

Posted October 31st, 2019 in judgments, negligence, news, third parties, warranties by sally

‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’

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Litigation Futures, 31st October 2019


Bleak Choses? Trusting in equity – Practical Law: Construction Blog

Posted October 10th, 2019 in assignment, equity, news, third parties, trusts, warranties by tracey

‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’

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Practical Law: Construction Blog, 9th October 2019


‘Common sense’ approach to notice taken in breach of warranty case –

Posted March 28th, 2019 in aircraft, contracts, damages, news, warranties by sally

‘Triumph, the multinational aerospace company, has partially succeeded in a damages claim arising out of its 2013 acquisition of three businesses belonging to the components manufacturer Primus.’

Full Story, 26th March 2019


Left Holding The Baby – Hardwicke Chambers

Posted August 9th, 2018 in agency, identity fraud, news, solicitors, warranties by sally

‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’

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Hardwicke Chambers, 31st July 2018


Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017


Promises about one’s principal: breach of warranty of authority and the case of P&P Property Ltd v Owen White & Catlin LLP – Hardwicke Chambers

Posted November 10th, 2016 in fraud, law firms, negligence, news, warranties by sally

‘If a solicitor executes a contract to sell “1 The Mall” that identifies the seller as “Mr Bloggs of 1 The Mall” (Mr Bloggs being the registered proprietor of that property), does the solicitor thereby promise to the buyer:

1. that she has authority to sell the property from the actual Mr Bloggs, the true owner of 1 The Mall? Or
2. that her client was someone who told her he was Mr Bloggs and that he owned 1 The Mall?’

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Hardwicke Chambers, 4th November 2016


Court confirms that limitation of liability clauses in acquisition documentation will be interpreted strictly –

Posted March 29th, 2016 in accountants, limitations, news, shareholders, time limits, warranties by sally

‘A 20-day time limit within which claims for breaches of warranty as part of a share purchase agreement (SPA) had to be raised only began running once the buyer was aware of the “proper basis for a claim”, the Court of Appeal has ruled.’

Full story, 29th March 2016


Aberystwyth man wins Apple Watch warranty court battle – BBC News

Posted February 3rd, 2016 in consumer protection, news, sale of goods, warranties by sally

‘A man from Ceredigion has successfully sued Apple after his watch broke – forcing the company to change its product description.’

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BBC News, 2nd February 2016


Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014


Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another – WLR Daily

Posted October 7th, 2014 in damages, law reports, shareholders, valuation, warranties by sally

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB); [2014] WLR (D) 407

‘It is was permissible to depart from the prima facie rule that damages following a breach of warranty in a share sale agreement were to be assessed at the date of breach and so to take into account events which had occurred after that date, where such departure was necessary to give effect to the overriding compensatory principle of assessment of damages.’

WLR Daily, 4th July 2014


Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014


Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s – WLR Daily

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd for and on behalf of Liberty Syndicate 4472 at Lloyd’s [2013] EWCA Civ 1173; [2013] WLR (D) 368

“The inadvertent naming of the wrong builder in a proposal form for insurance against latent defects including cover for the insolvency of the builder during the construction of social housing units, constituted a breach of warranty entitling the insurers to avoid the policy.”

WLR Daily, 4th October 2013


Supreme Court upholds FSA’s power to regulate extended warranties –

Posted February 18th, 2013 in consumer protection, contracts, financial regulation, insurance, news, warranties by sally

“The Financial Services Authority (FSA) was within it rights to close down two unauthorised extended warranty schemes, regardless of whether the cover involved the payment of money to customers, the Supreme Court has confirmed.”

Full story, 15th February 2013


In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) – Supreme Court

Posted February 13th, 2013 in contracts, EC law, financial regulation, insurance, law reports, warranties by sally

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) [2013] UKSC 7 | UKSC 2012/0003 (YouTube)

Supreme Court, 13th February 2013


When does a professional appointment include a guarantee of success? – Zenith Chambers

Posted November 20th, 2012 in appeals, fire, news, professional conduct, warranties by sally

“For anyone concerned as to whether a professional appointment imposes a duty guaranteeing or warranting a successful outcome the Court of Appeal decision in Trebor Bassett Holdings Limited -and- The Cadbury UK Partnership v. ADT Fire and Security Plc (2012) EWCA Civ 1158 provides invaluable assistance.”

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Zenith Chambers, 14th November 2012


Signing on Payments, Termination Without Cause and Repayment Conditions: a rare victory for the Collateral Warranty – Employment Law Blog

Posted October 3rd, 2012 in contracts, financial advice, news, warranties by sally

“In its recent judgment in Thinc Group-v-Armstrong [2012] EWCA Civ 1227, the CA has upheld a rare victory for that endangered species beloved of Lord Denning – the Collateral Warranty.”

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Employment Law Blog, 3rd October 2012