The WLR Daily case summaries
[2023] WLR(D) 452
Court of Appeal
Decision Inc Holdings Proprietary Ltd and another v Garbett and another
[2023] EWCA Civ 1284
2023 Oct 18–19; Nov 3
Newey, Asplin, Baker LJJ
Contract— Construction— Warranty— Agreement warranting accuracy of company’s financial and other records and absence of material adverse change in its turnover and prospects— Proper approach to establishing whether turnover and/or prospects warranty breached— Whether judge erring in focussing on expectation that a reasonable buyer would have had— Whether warranties breached
Practice— Judgment— Pleadings— — Judgment failing to reflect basis on which case pleaded— Judge ultimately holding contractual warranty breached on different basis to that put by claimant in notice of claim, pleadings and submissions— Judge failing to raise new basis of claim during trial— Whether defendant having fair opportunity to address basis on which judge holding warranty breached— Whether appropriate for judge to introduce new basis of claim in judgment