Share Purchase Agreements & Breach of Warranty: measure of loss in warranty of quality claims. Matthew Bradley examines the recent High Court decision in Oversea-Chinese Banking Corp Ltd v ING Bank NV and considers whether a diminution in value approach must always be followed in breach of warranty claims in the share purchase context. This article was first published by LexisPSL on 01/04/2019.

When a defendant to a lost litigation claim relies upon allegations of fraud made by a third party, does that defendant have to state whether it asserts the truth of those allegations? A recent decision of the High Court on a strike out application has clarified that it does not. Clare Dixon summarises the case concerned in which Helen Evans appeared for the successful defendant.

This is a timely conference. The importance of international arbitration to successful international trade has been reaffirmed by the Supreme Court in Taurus Petroleum Ltd v State Oil Marketing Co [2017] UKSC 64 at [54]. London is a major centre of international arbitration, supported by the Commercial Court within the framework of the Arbitration Act 1996 (‘the 1996 Act’). The present conference will focus on recent developments in arbitration law, with particular reference to challenges under ss. 67 and 68 of the 1996 Act.

When does the limitation period expire when the cause of action accrues at the “stroke of midnight”? The Court of Appeal has today provided guidance on this issue in Matthews v Sedman [2019] EWCA Civ 475. Clare Dixon and Nicholas Broomfield acted for the successful defendants. Helen Evans analyses the Court of Appeal’s decision.

What happens to liquidated damages when a contract is terminated? Does the clause apply? If so, is the employer entitled to payment up until the point of termination, or beyond? These questions were addressed by the Court of Appeal in today’s decision in Triple Point Technology v. PTT. Neil Hext QC considers the implications of the judgment.