12 April 2017
Kitcatt and others v MMS UK Holdings Ltd and another [2017] EWHC 675 (Comm), [2017] All ER (D) 36 (Apr)
The Commercial Court held that the claimants had established a breach of a warranty in a sale and purchase agreement relating to shares in an advertising agency, in an action arising from an ‘earn out’ dispute under a share sale and purchase agreement. The first defendant company had failed to properly disclose a change in the way in which a large portion of the work done had changed, causing a significant loss of revenue. Owing to an agreement between the parties, the amount to which the claimants were entitled was £2.6m.
