Murfin v Campbell

Murfin v Campbell

No recoverable loss was suffered by the claimant because, under the SPA, any liability for breach of warranty was to be set off against the Series A Loan Notes, which never became redeemable; thus, no sum became due to the claimant that was withheld by set-off. Even if loss was suffered at breach, subsequent events...

Source-derived case information.

Parties
Claimant: Brian Leslie Murfin; Defendant: Ford Campbell
Jurisdiction
England and Wales
Judgment Date
22 June 2011
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment for the defendant; claims dismissed
Legal Topics
Damages Assessment, Breach of Warranty, Negligent Advice, Set Off Under Contract
Contract Law Professional Negligence Damages Assessment Breach of Warranty Negligent Advice Set Off Under Contract

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Parties

Brian Leslie Murfin

Claimant

Ford Campbell

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant suffered any recoverable loss as a result of alleged negligent advice leading to the giving of a warranty in a share sale agreement
  2. 2 Whether damages are to be assessed at the date of breach or at a later date when all facts are known
  3. 3 Whether the set-off mechanism in the SPA precludes recovery of damages

Ratio Decidendi

No recoverable loss was suffered by the claimant because, under the SPA, any liability for breach of warranty was to be set off against the Series A Loan Notes, which never became redeemable; thus, no sum became due to the claimant that was withheld by set-off. Even if loss was suffered at breach, subsequent events showed no actual loss, and damages must reflect the real position, not a hypothetical one.

Court Disposition

Summary judgment for the defendant; claims dismissed

Orders

  • Claims in Paragraphs 28.1 and 29.1 of the Particulars of Claim dismissed