IPSOS SA v Dentsu Aegis Network Ltd [2015] EWHC 1171 (Comm) (29 April 2015)

IPSOS SA v Dentsu Aegis Network Ltd [2015] EWHC 1171 (Comm) (29 April 2015)

The claimant failed to give a valid Claim Notice under the SPA because the 30 September 2013 letter did not specify that a claim was being made, did not clearly identify the matter giving rise to the claim, nor the nature of the claim, and did not comply with the requirements of the SPA. Therefore, the claim is contractually barred.

Citation
[2015] EWHC 1171 (Comm)
Parties
Claimant/respondent: IPSOS S. A.; Defendant/applicant: Dentsu Aegis Network Limited (previously Aegis Group plc)
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Commercial Court Claim for Breach of Warranty Under Share Sale and Purchase Agreement / Application to Strike Out Claim or for Summary Judgment
Outcome
Claim dismissed for failure to give valid contractual notice.
Legal Topics
Share Sale and Purchase Agreements, Breach of Warranty, Contractual Notice Requirements, Employment Law (brazilian Labour Claims)
Contract Law Commercial Law Share Sale and Purchase Agreements Breach of Warranty Contractual Notice Requirements Employment Law (brazilian Labour Claims)

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Parties

IPSOS S. A.

Claimant/respondent

Dentsu Aegis Network Limited (previously Aegis Group plc)

Defendant/applicant

Procedural Posture

Commercial Court Claim for Breach of Warranty Under Share Sale and Purchase Agreement / Application to Strike Out Claim or for Summary Judgment

Legal Issues

  1. 1 Whether the claimant gave a valid contractual Claim Notice under the SPA for breach of warranty
  2. 2 Whether the letters sent by the claimant satisfied the notification requirements under the SPA

Ratio Decidendi

The claimant failed to give a valid Claim Notice under the SPA because the 30 September 2013 letter did not specify that a claim was being made, did not clearly identify the matter giving rise to the claim, nor the nature of the claim, and did not comply with the requirements of the SPA. Therefore, the claim is contractually barred.

Court Disposition

Claim dismissed for failure to give valid contractual notice.

Orders

  • Application to strike out claim or for summary judgment granted in favour of the defendant.