Defending a Claim for Breach of Terms

We were instructed to defend a claim for breach of the terms of a Share Purchase Agreement relating to the sale of a professional services firm. The Claimants sought to argue that the Share Purchase Agreement ought to be rescinded on grounds of fraudulent misrepresentation in order to seek to circumvent the limitation of liability provisions in the Share Purchase Agreement.

The Court directed that the issue of rescission should be dealt with at a Trial of Preliminary Issues.  We were successful at the Trial of Preliminary Issues and utilised that tactical advantage to negotiate a settlement on behalf of the client for a much lower sum than the sum being claimed.