Triumph Controls – UK Ltd & Ors v Primus International Holding Company & Ors
Rajesh Pillai QC and Nathaniel Bird, instructed by Geraldine Elliott and Matthew Evans of RPC, successfully represented Fortune 500 aerospace manufacturer Triumph Group in the Court of Appeal following their earlier victory for Triumph at trial on claims for breach of warranties given by the Defendants in a share purchase agreement. On 22 September 2020, The Court of Appeal unanimously dismissed the Defendants’ argument that Triumph’s claims were barred by a contractual exclusion of claims brought “in respect of lost goodwill”. Coulson LJ, giving judgment on behalf of the court, accepted Triumph’s argument that this exclusion was not engaged because, on its proper construction, it applied only to exclude claims brought in respect of lost business reputation.
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