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News
Nathan Wells wins in the Court of Appeal
11-03-2010
Judgment was handed down yesterday in Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161, in which Nathan Wells appeared for the successful appellant.
The case involved a claim to an indemnity from an IFA under the terms of his network contract. The claim was brought against the IFA by the successor – under the terms of a business sale agreement – to the other contracting party. The claimant/respondent succeeded in its claim at first instance.
The Court of Appeal (Jacob LJ giving the main judgment) accepted that the contractual indemnity rights had been validly assigned to the claimant/respondent by the business sale agreement, but allowed the appeal on two grounds: (i) the moneys claimed were not shown to have constituted a professional indemnity insurance ‘excess’, which would have been recoverable under the indemnity clause; and (ii) the defendant/appellant enjoyed the benefit of a limitation clause in the network contract, which terminated any liability six years after his resignation from the network.
Nathan was instructed by Ashton Bond Gigg.
To download a copy of the judgement, please click on the "Download this article" link at the bottome of the page.
