Axa Sun Life Services Plc v Cannon & anor

Axa Sun Life Services Plc v Cannon & anor

The claim succeeds because the representations made by AXA were true statements of intention and expectation, not warranties or promises. There is no evidence that AXA breached any implied term or warranty regarding the availability of Mr Kipping's client base. The defendants' counterclaim and set off fail on the facts, as there is no actionable misrepresentation or breach of contract by AXA.

Parties
Claimant: AXA Sun Life Services Plc; Defendant: Michael Cannon; Defendant: David Piper
Jurisdiction
England and Wales
Judgment Date
30 October 2007
Procedural Posture
Civil / Judgment
Outcome
claim allowed, counterclaim dismissed
Legal Topics
Entire Agreement Clause, Implied Terms, Misrepresentation, Counterclaim, Set Off, Disclosure Obligations
Contract Misrepresentation Entire Agreement Clause Implied Terms Counterclaim Set Off Disclosure Obligations

Case Brief

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Parties

AXA Sun Life Services Plc

Claimant

Michael Cannon

Defendant

David Piper

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether AXA made actionable misrepresentations or warranties regarding the availability of Mr Kipping's client base to the defendants
  2. 2 Whether terms should be implied into the Advisor Appointment Agreement to ensure cooperation and client availability
  3. 3 Whether AXA breached contract or warranty by failing to make Mr Kipping's clients available

Ratio Decidendi

The claim succeeds because the representations made by AXA were true statements of intention and expectation, not warranties or promises. There is no evidence that AXA breached any implied term or warranty regarding the availability of Mr Kipping's client base. The defendants' counterclaim and set off fail on the facts, as there is no actionable misrepresentation or breach of contract by AXA.

Court Disposition

claim allowed, counterclaim dismissed

Orders

  • Defendants to repay the Development Allowance to AXA in accordance with the agreed formulae
  • Further submissions invited on costs