English Court Rules On COVID-19 Material Adverse Effect In M&A Transaction

On 12 October 2020, the Commercial Court handed down judgment in the first case in which the English courts have had to consider whether COVID-19 resulted in a material adverse effect (“MAE”) (Travelport Ltd & Ors v WEX Inc [2020] EWHC 2670). In expedited proceedings brought by the sellers, Mrs Justice Cockerill addressed a number of preliminary issues relating to the MAE provisions in the sale documentation. This is likely to be such an important question in the current climate and the court’s...
By: Goodwin

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