Source: All England Reporter
Publisher Citation: [2012] All ER (D) 27 (Feb)
Neutral Citation: [2012] EWCA Civ 64
Court: Court of Appeal, Civil Division
Judge: Stanley Burnton, Aikens and Elias LJJ
Representation Jason Evans-Tovey and Crispin Winser (instructed by Irwin Mitchell LLP) for the claimant.
  Kim Franklin (instructed by DWF LLP) for the defendant.
Judgment Dates: 3 February 2012

Catchwords

Contract - Construction - Limitation clause - Claimant company hiring defendant company to carry out works - Agreement between parties containing limitation clause - Defendant carrying out works - Claimant finding works to be substandard - Parties conducting without prejudice negotiations - Claimant finally bringing proceedings for damages - judge dismissing claim as being barred by limitation clause - Claimant appealing - Whether judge erring.

The Case

Contract Construction. The Court of Appeal, Civil Division, in dismissing the claimant company's appeal against the judge's decision that its claim for damages had been barred by a limitation clause in its agreement with the defendant company, held that there had been no error in the judge's reasoning or conclusions.

Practice Areas

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