The importance of ensuring service
In the case of T&L Sugars Ltd v Tate & Lyle Industries Ltd , the Commercial Court considered the meaning of ‘service’ in the context of warranty claims in a share and business sale agreement. While the court’s decision was obviously specific to the particular contract being considered, many agreements will have similar wording.
The court was asked to decide, as a preliminary issue, whether or not a claim had been ‘issued and served’ in time within the meaning of a share and business sale agreement. Clause 11.2 of the agreement required that warranty claims be notified in writing within 18 months; and clause 11.3 provided that such claims would be deemed irrevocably withdrawn unless, within 12 months thereafter, ‘legal proceedings in respect of the relevant claim have been commenced by being both issued and served’.
The claimant gave the defendant notice of warranty claims on 30 March 2012, the last day of the 18-month period stated in clause 11.2. The claimant’s solicitors issued the claim form on 27 March 2013, and delivered it the same day, by hand, to the offices of the defendant’s solicitors…
Click on the link below to read the rest of the Wragge Lawrence Graham & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
In a significant case for insolvency practitioners (IPs), following a judicial review the Administrative Court has held that HMRC can refuse to pay a refund of overpaid VAT to a supplier.
Wragge Lawrence Graham & Co’s finance litigation experts bring you the latest on the cases and issues affecting the lending industry.