Lois Horne and Jo Constantis discuss issues arising under English law governed M&A deals including breach of warranty and indemnity claims. They analyse the recent High Court decision in Triumph Controls UK Limited & Others v Primus International Holding Company & Others that follows the wealth of case law on warranty claims in recent years. This demonstrates the importance of getting the warranty notification right.
For clients negotiating SPAs and subsequently seeking to enforce them, two notable points arose from this case. First, what is considered to be valid notice in the context of warranty claims. Second, what is considered to be fair disclosure against the warranties.