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Contract – Construction. A transaction for the sale of a business involved an element of deferred consideration and a dispute arose as to the calculation of the amount of deferred consideration. The parties sought, and the judge granted, various declarations as to the interpretation of the contractual documentation (see Starbev GP Ltd v Interbrew Central European Holdings BV[2014] All ER (D) 193 (Apr)). The parties sought rulings consequential on the judgment. The Commercial Court ruled on the calculation of the deemed equity return and how the provision in the definition of excess equity return in the contingent value right was intended to prevent double-recovery, but refused the defendant permission to re-amend its amended defence and counterclaim to claim interest.
Contract – Construction. A transaction for the sale of a business involved an element of deferred consideration and a dispute arose as to the calculation of the amount of deferred consideration. The parties sought, and the judge granted, various declarations as to the interpretation of the contractual documentation (see Starbev GP Ltd v Interbrew Central European Holdings BV[2014] All ER (D) 193 (Apr)). The parties sought rulings consequential on the judgment. The Commercial Court ruled on the calculation of the deemed equity return and how the provision in the definition of excess equity return in the contingent value right was intended to prevent double-recovery, but refused the defendant permission to re-amend its amended defence and counterclaim to claim interest.
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