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ARTICLE · 12 JUNE 2021

Update On Claims Under Sale And Purchase Agreements

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A recent case in the High Court examined the meaning of the phrase "as soon as possible" in the context of claims made under a Sale and Purchase Agreement (SPA)

United KingdomInsurance
Noel Ruddy
Noel Ruddy

A recent case in the High Court examined the meaning of the phrase "as soon as possible" in the context of claims made under a Sale and Purchase Agreement (SPA). It is to be assumed that a lawyer drafted the SPA in question but, as this writer knows all too well, drafting legal documents that are in plain and simple terms is not always easy. Disputes as to interpretation do happen and phrases such as "as soon as possible" become the object of scrutiny by beady eyed barristers seeking an interpretation that best suits their argument in the hope the Judge agrees.

In this case the High Court found that the claimant buyer could not pursue a claim against the seller because it had not given notice of its claim "as soon as possible", as it was required to do under the SPA.

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