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Macquarie Internationale Investments Ltd -v- Glencore UK Ltd

21st Jun 2010

[2010] EWCA Civ 697; [2009] EWHC 2267 (Comm)

Richard Southern QC and Jessica Sutherland acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended both in the Commercial Court and in the Court of Appeal. The case considers the concept of “true and fair” in the context of financial statements and warranties in a mergers and acquisitions case.