Warranties

Waiver of breach

The Court of Appeal has now had the opportunity to consider the ruling of Jules Sher QC at the end of 2001 in the film finance litigation (see [2002] Lloyd’s Rep IR 325 ), to the effect that there had been no waiver of breach of warranty: HIH Casualty and General Insurance Ltd v Axa Corporate Solutions [2002] EWCA Civ 1253, forthcoming in [2003] Lloyd’s Rep IR. The Court of Appeal’s decision is confirmation of the principle that waiver has a very limited role to play in the context of breach of warranty.