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Practice – Summary judgment. The claimant company, as buyer, brought a claim for damages fro breach of a warranty in a share, sale and purchase agreement (SPA) against the defendant company, as seller. The defendant contended that the claimants had failed to comply with a contractual notification requirement under the SPA and applied for the claim to be struck out or for summary judgment. The Commercial Court held that a valid claim notice had not been given, in accordance with the SPA and, accordingly, the claim had to fail.
Practice – Summary judgment. The claimant company, as buyer, brought a claim for damages fro breach of a warranty in a share, sale and purchase agreement (SPA) against the defendant company, as seller. The defendant contended that the claimants had failed to comply with a contractual notification requirement under the SPA and applied for the claim to be struck out or for summary judgment. The Commercial Court held that a valid claim notice had not been given, in accordance with the SPA and, accordingly, the claim had to fail.
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