News & Analysis as of

Warranties United Kingdom

White & Case LLP

2024 Summer review – M&A legal and market developments

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We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. Our Summer review looks at these developments and gives practical guidance...more

Cooley LLP

Warranties: Know Their Limits

Cooley LLP on

In its judgment in Decision Inc Holdings Proprietary Limited v. Garbett and El-Mariesh, the High Court of England and Wales provided guidance on the interpretation of two types of warranties commonly found in sale and...more

A&O Shearman

Breach of warranty: What goes through a litigator’s mind?

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Back in March, I interviewed two of our Litigation partners on the topic of M&A disputes as part of our Corporate Academy programme for clients. They shared some thoughts that automatically go through their mind when looking...more

Dechert LLP

UK Life Sciences and Healthcare Newsletter - February 2021: Synthetic Warranties and W&I Insurance

Dechert LLP on

Despite the effects of the global pandemic, life sciences deal making proved to be resilient across U.S. and European markets in 2020. According to EY, the total value for life sciences M&A in 2020 was US$159 billion. In...more

K&L Gates LLP

COVID-19: Distressed M&A in the UK and W&I Insurance Solutions to Warranty Coverage Issues

K&L Gates LLP on

INTRODUCTION - COVID-19 and the ensuing economic turmoil are continuing to adversely impact businesses worldwide. As a result, in the months ahead, it is anticipated that many companies either will be unable to survive on a...more

Proskauer Rose LLP

UK Tax Round Up - April 2019

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UK Case Law Developments - Damages on share sales same as on other sales - In Oversea Chinese Banking Corporation Ltd v ING Bank NV, the Commercial Court has held that the measure of damages for breach of warranty in...more

Dechert LLP

Brexit Preparations for Private Equity Firms

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The Current Status of Brexit - On 29 March 2017 the United Kingdom (UK) gave notice under Article 50 of the Treaty on the European Union that it intended to leave the European Union (EU). The UK’s departure (so-called...more

A&O Shearman

Non-assignment clauses: what they do (and don’t) restrict

A&O Shearman on

A warranty in a receivables financing contract that BP was not prohibited from disposing of the receivable was not breached by a clause in the underlying oil sale contract prohibiting assignment without the other party’s...more

A&O Shearman

Inadequate notification of warranty claim under share purchase agreement

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When a claims notification clause in a share purchase agreement states that a party must "set out reasonable details" of a claim in a notice of claims, including “the grounds on which it is based”, the party must make...more

Morgan Lewis

The English Court’s Approach to interpretation of Material Adverse Effect provisions

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The English High Court recently considered whether a downward revision of a profit forecast would constitute a “material adverse effect” within the parameters of the provision agreed on by the parties in the share purchase...more

Latham & Watkins LLP

UK Style Management Investment Warranties Spreading

Latham & Watkins LLP on

In a very seller-friendly market, UK-style management investment warranties are providing an increasingly popular source of comfort for PE buyers. Compressed deal timetables, restricted access for due diligence and limited or...more

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