Breach of warranty claims - the devil is in the detail

We recently considered the position of buyers wanting to bring a breach of warranty claim who are faced with unclear notification provisions in the purchase agreement. In this eBulletin, we consider the case of Teoco UK Limited v Aircom Jersey 4 Limited and others [2015] EWHC (Ch) and the perils of a tentative warranty claim notification letter.

In the Teoco case, the seller successfully applied for parts of the purchaser's breach of warranty claim (worth an estimated £3.5m) to be struck out as having no reasonable chance of success because of deficiencies in the purchaser's notification letter.