“…different clauses in different agreements may involve a degree of fragmentation, as explained in Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998, [2011] 1 Lloyd’s Rep 106. There were good reasons for such fragmentation in this case. For example, a dispute about which party was entitled to the benefit of the warranties was suitab…”
“…(Europe) Ltd v MLC (Bermuda) Ltd [1999] 1 Lloyd’s Rep 767 at 777 per Rix J (as he then was) and Sebastian Holdings Inc v Deutsche Bank [2011] 1 Lloyd’s Rep 106 per Thomas LJ (as he then was) at [42] (judgment at [27]).…”
“…edit Suisse First Boston (Europe) Ltd v MLC (Bermuda) Ltd [1999] 1 Lloyd’s Rep 767 at 777 per Rix J (as he then was) and Sebastian Holdings Inc v Deutsche Bank [2011] 1 Lloyd’s Rep 106 at 777 that:…”