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Lessons from Bibby

Ensuring deeds are properly delivered

Deeds are a common type of contract. They are perhaps most important for tax practitioners who are advising on the tax deed on a share purchase. One reason for drafting the tax indemnity on a share purchase as a deed is that the limitation period for actions under a deed can be up to 12 years after the cause of action (rather than the six-year time limit for simple contracts).

In Bibby Financial Services Ltd v Magson [2011] EWHC 2495 the High Court found that documents which had been signed and witnessed and handed over to the counterparty were not valid deeds because they had...

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