Limitation defences, under contracts for services
3rd February 2023
3PB Barristers’ (3 Paper Buildings) Victoria Hamblen discusses the case of Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699.
This recent case relates to Consulting Concepts International Inc bringing court proceedings against Consumer Protection Association (Saudi Arabia) for unpaid invoices amounting to more than 15 million USD. However due to the vague nature of the terms of agreement, the claim was issued outside of the six-year limitation period, as set out by Section 5 of the Limitation Act 1980. This was a view subsequently upheld by the Court of Appeal.
Victoria explores the details of the case proceedings, both within the High Court and Court of Appeal, and lays out the implications of the judgment. Victoria highlights how the case emphasises the importance of any term agreed by parties being ‘clearly worded, unambiguous, and specifically relate to when the limitation period commences, and a party is entitled to commence legal proceedings against the other’.
Victoria Hamblen is an experienced commercial and public law barrister, with a particular focus on property, planning, environment, mediation, and international arbitration. Victoria has a broad commercial practice, accepting instructions in areas of civil and public law, as well as judicial review.
To contact or instruct Victoria, please email David Fielder or telephone 020 7583 8055.