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February 2024
Corporate Case Law Update: Court of Appeal reconsiders the test for a “material adverse change” within the context of an acquisition of a business
The Court of Appeal recently considered whether the High Court was wrong in ruling that a company had breached a warranty that there had been no material adverse change (“MAC”) in a target company’s prospects. Alexander Edwards, a Partner in our Corporate team, looks at the reasons why the Court of Appeal overturned the first instance decision of the High Court, on the basis that the High Court had applied the wrong test for determining if there had been a MAC.

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