NF Football Investments Ltd & Anor v NFFC Group Holdings Ltd & Anor

NF Football Investments Ltd & Anor v NFFC Group Holdings Ltd & Anor

Clause 12 of the share purchase agreement, read in context, expressly excludes claims in misrepresentation, including statutory misrepresentation, and thus the claim is struck out as having no realistic prospect of success.

Parties
Claimant: NF Football Investments Limited; Claimant: Nottingham Forest Football Club Limited; Defendant: NFFC Group Holdings Limited; Defendant: Fawaz Al-Hasawi
Jurisdiction
England and Wales
Judgment Date
06 June 2018
Procedural Posture
Commercial / Ruling on Application to Strike Out Statutory Misrepresentation Claim
Outcome
Statutory misrepresentation claim struck out; summary judgment granted in favour of NFFC Group Holdings Limited.
Legal Topics
Share Purchase Agreement, Misrepresentation, Entire Agreement Clause, Statutory Misrepresentation, Contractual Indemnity
Contract Law Commercial Law Share Purchase Agreement Misrepresentation Entire Agreement Clause Statutory Misrepresentation Contractual Indemnity

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Parties

NF Football Investments Limited

Claimant

Nottingham Forest Football Club Limited

Claimant

NFFC Group Holdings Limited

Defendant

Fawaz Al-Hasawi

Defendant

Procedural Posture

Commercial / Ruling on Application to Strike Out Statutory Misrepresentation Claim

Legal Issues

  1. 1 Whether the Entire Agreement clause excludes statutory misrepresentation claims
  2. 2 Whether the claimant can pursue a statutory misrepresentation claim outside the contractual framework

Ratio Decidendi

Clause 12 of the share purchase agreement, read in context, expressly excludes claims in misrepresentation, including statutory misrepresentation, and thus the claim is struck out as having no realistic prospect of success.

Court Disposition

Statutory misrepresentation claim struck out; summary judgment granted in favour of NFFC Group Holdings Limited.

Orders

  • NF Football Investments Limited's claim in statutory misrepresentation is struck out.
  • Part 24 judgment in favour of NFFC Group Holdings Limited on the statutory misrepresentation claim.