Court of Appeal rejects subjective interpretation of unilateral notice

Stobart Group sued Mr Tinkler under a tax indemnity he had given when he sold the shares in Stobart Rail. Stobart Group relied on a letter that it contended Mr Tinkler had understood to be a valid notice of the claim as required by the share sale agreement.

Michael Fealy QC acted for Mr Tinkler in his application to strike out the proceedings for failure to give prior written notice. Michael was successful in this application at first instance and as respondent in the Court of Appeal.

The Court affirmed that a document purporting to be a notice of a claim under a share sale and purchase agreement should be construed objectively.

The judgment can be found here.  

Michael Fealy QC acted for Second Respondent, instructed by K&L Gates.