Christopher Edwards, Commercial barrister, writes informative update on the case of Capita (Banstead 2011) Ltd v RFIB Group Ltd [2015] EWCA Civ 310 case
25th January 2016
Christopher Edwards, Business and Commercial barrister, provides a case update in the matter of Capita (Banstead 2011) Ltd v RFIB Group Ltd [2015] EWCA Civ 310.
In this case, the Court of Appeal reconsidered the issue of continuing liability in the context of breach of contract, an area of law that has suffered from a level of uncertainty following decisions on similar facts leading to differing judgments.
The relevance of continuing breach normally relates to whether a Claim has been brought within time, with Claimants generally claiming that breaches caused by omission rather than commission are continuing until remedied, and Defendants claiming that the same breach is a discrete event. To read a full case review please download PDF article here
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