Clifford Stewart Lay and another (Appellants/ Claimants) v Independent Vetcare Limited (Respondents/Defendants)
Tuesday 7 July 2026
By Appellant’s Notice filed on 5 May 2026 the Appellants appeal a decision of the High Court delivered on 23 April 2026.
The dispute arose from IVL’s acquisition of Easy Direct Debits Ltd (EDD) from the Appellants under a share purchase agreement containing warranties that EDD had operated lawfully. After completion, a disagreement over earn-out payments led the Appellants to sue for sums allegedly due, while IVL counterclaimed for breach of warranty.
The court held that IVL’s inconsistency alone did not amount to an abuse of process and refused to strike out the counterclaim, holding that the legality of EDD’s business model should be determined at trial on the full evidence.
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