You are here

John Forrest v (1) John Glasset (2) John Whittley [2006] EWCA Civ 1086

The proper interpretation of the requirement under a time bar clause in a contract was that the warrantors had to be informed only that a demand was being made for damages for breach of warranty and on the ordinary meaning of the used words no particulars had to be given of that claim.

11 August 2006

The appellant investment syndicate (F) appealed against the decision on the trial of a preliminary issue that they had failed to bring their claim under a contract in the time permitted. F had subscribed for shares in a company and had acquired further shares from the respondents (G). The company failed to perform and went into liquidation. G had given various warranties in the share subscription and acquisition agreements including warranties relating to the company’s management accounts. Following correspondence, F’s solicitors wrote to G on the third anniversary of the subscription agreement giving notice of F’s intention to make a claim for breach of warranty in respect of the management accounts. G took the point that the claim was out of time under clause 6.3.1 of the agreements, which provided that any claim by the subscribers had to be notified in writing to the company on or before the third anniversary of the completion date. The judge held that the requirements of c...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.