Wednesday 25 January 2023
By Appellant’s Notice filed on 17/8/22, the Defendant appeals against the order made by Smith J dated 22/6/22 dismissing D’s application under CPR 11(1)) (no jurisdiction) or under CPR 3.4(2)(a) (abuse of process).
The background is that the parties entered into standstill agreement close to expiry of limitation: the dispute resolution procedure contained a condition precedent to the right to begin proceedings. The C chose not to comply with the condition and issued proceedings: this deprived Ds of limitation defence. The Ds applied to strike out the claim.
The underlying case concerned alleged defects in construction works begin in June 2004 and completed in April 2007. The matter proceeds to trial in 2024.