One of the most important issues for litigation is whether a claimant’s right to action is within the limitation period. The Limitation Act 1980 contains provisions on limitation periods for different areas of law, ranging from negligence to breach of...
Some breach of contract claims are stronger than others, but even groundless cases come to court sometimes. However, with skilled legal representation, these can be identified and defeated at an early stage. In one case on point, the High Court struck out a fanciful claim against a supplier of air conditioning units that had suffered damage during a cold snap.
The units had been supplied to the main contractor on a construction site. They had not been fully bled of water before icy conditions struck and the residual liquid froze. That caused coils within the units to distort and crack. The contractor launched proceedings against the supplier on the basis that the user manual that had accompanied the units was unclear or otherwise deficient.
In striking out the contractor's case, however, the Court found that its criticisms of the user manual were unsustainable and that its claim stood no reasonable prospect of success. The manual was clear and unambiguous and there had never been any proper basis for the claim. There had also been substantial delays in the contractor's pursuit of the matter and it was only right that the claim should be put out of its misery.