- In brief: Excluding liability and extinguishing set-off (Philp and another v Cook)
- What are the practical implications of this case?
- What was the case about?
- What did the court decide?
- Case details
Dispute Resolution analysis: Rosamund Baker, barrister at Selborne Chambers, considers the case of Philp and another v Cook, in which the High Court construed the effect of a contractual provision in a share purchase agreement which excluded the sellers’ liability for a breach of warranty where the buyer failed to notify the sellers of a claim within a certain period of time. The High Court followed Aries Tanker Corporation v Total Transport Ltd, the Aries  1 All ER 398 in stating that a contractual limitation bar could not only preclude a party from setting up a counterclaim but could also preclude a party from relying upon equitable set-off as a defence. In the circumstances of this particular contract, the High Court held that the buyer was so precluded from relying upon equitable set-off.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial