Kitcatt and others v MMS UK Holdings Ltd and another

Contract – Warranty. The Commercial Court held that the claimants had established a breach of a warranty in a sale and purchase agreement relating to shares in an advertising agency, in an action arising from an 'earn out' dispute under a share sale and purchase agreement. The first defendant company had failed to properly disclose a change in the way in which a large portion of the work done had changed, causing a significant loss of revenue. Owing to an agreement between the parties, the amount to which the claimants were entitled was £2.6m.

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