Overview

In this briefing, Macfarlanes considers the recent case of Ener-G Holdings Plc v Hormell. The key issue in the case was whether the claimant had complied with a requirement under a share purchase agreement that it issued proceedings for breach of warranty within 12 months of notifying the defendant of its claim. Clauses of this nature are not unusual in commercial contracts and, as this case shows, failure to comply with them is likely to result in a claim being time-barred.

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