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Litigation Notes

Litigation Notes
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Tag: set off

Showing 4 out of 4 results

05 May 2021

High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA

The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …

25 November 2013

Court of Appeal overturns Commercial Court on construction of retention of title clause

In a recent decision the Court of Appeal found, by a majority, that the effect of a retention of title clause was that the buyer resold the goods as …

18 April 2013

Court of Appeal found agreement to pay instalments excluded right of set-off

The Court of Appeal has held that a settlement agreement, in which the defendant acknowledged that a debt was payable in full and agreed the mechanics …

18 October 2012

Commercial Court upholds "no set-off" clause

In a recent decision, the Commercial Court granted summary judgment on a seller's claim for approximately US$12 million as the price due under a …

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