New Hearts Ltd v Cosmopolitan Investments Ltd; Cosmopolitan Investments Ltd v New Hearts Ltd
| Jurisdiction | Scotland |
| Date | 1997 |
| Year | 1997 |
| Court | Court of Session |
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6 cases
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Triumph Controls – UK Ltd v Primus International Holding Company
...omission from which the buyer may be expected to infer matters of significance.” 332 In New Hearts Ltd v Cosmopolitan Investments Ltd [1997] 2 BCLC 249 (Court of Session), Lord Penrose referred to Gibson J's comments in Levison and stated at pp.258–9: “The disclosure letter is distinguished......
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Infiniteland Ltd and Another and Artisan Contracting Ltd and Another
...view by reading into clause 7.1.8 the words of clause 7.1.9. And he found support in the observations of Lord Penrose in New Hearts Ltd v Cosmopolitan Investments Ltd [1997] 2 BCLC 249 at 258–9: "Mere reference to a source of information, which is in itself a complex document, within which ......
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Equitix Eeef Biomass 2 Ltd v Michael Fox
...he then was) at 1157; Daniel Reeds Ltd v EM ESS Chemists Ltd [1995] CLC 1405, at 1412 1; New Hearts Ltd v Cosmopolitan Investments Ltd [1997] 2 BCLC 249, per Lord Penrose at 259, cited with approval by Carnwath LJ (as he then was) in Infiniteland Ltd v Artisan Contracting Ltd [2005] EWCA C......
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Curtis v Lockheed Martin UK Holdings Ltd
...had therefore been fair disclosure within the meaning of Cl.6.3 of the SSA. The Law 70 In New Hearts Ltd v. Cosmopolitan Investments [1997] 2 BCLC 249 Lord Pensrose considered the meaning of the phrase 'fairly disclosed' in the context of a warranty in a share sale agreement. At p.259C the ......
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2 firm's commentaries
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M&A Dispute Provides Rare Glimpse Into English Courts’ Approach to Breach of Warranty Claims
...[330]-[335] Unlike the wording of the relevant provision in the agreement considered in New Hearts Ltd v Cosmopolitan Investments Ltd [1997] 2 BCLC 249 (Court of Session): “full, fair, accurate and clear, with sufficient details to identify the nature and scope of the matter Following exert......
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Nothing to Hide: Disclosures Against Warranties
...criticism that it obscures the relevant information. This criticism is most succinctly stated in New Hearts v Cosmopolitan Investments [1997] 2 BCLC 249: "Mere reference to a source of information, which is in itself a complex document, within which the diligent enquirer might find relevant......