Su (aka Hsin Chi Su, Su Hsin Chi And Nobu Morimoto) v Clarksons Platou Futures Ltd & Anor

Su (aka Hsin Chi Su, Su Hsin Chi And Nobu Morimoto) v Clarksons Platou Futures Ltd & Anor

Both causes of action accrued in July/August 2008 when Mr Su was bound personally to the FFA deal and suffered damage. Mr Su had the relevant knowledge by July 2012, so the claims are time barred and section 14A does not save them.

Parties
Claimant/respondent: Mr Nobu Su (also known as Hsin Chi Su, Su Hsin Chi and Nobu Morimoto); Defendant/applicant: Clarksons Platou Futures Limited; Defendant/applicant: Mr Vassilis Karakoulakis
Jurisdiction
England and Wales
Judgment Date
24 February 2017
Procedural Posture
Commercial Court Application / Summary Judgment Application
Outcome
Summary judgment granted for Defendants
Legal Topics
Breach of Warranty of Authority, Negligence, Limitation Period, Section 14 a Limitation Act 1980
Contract Law Tort Law Limitation of Actions Breach of Warranty of Authority Negligence Limitation Period Section 14 a Limitation Act 1980

Case Brief

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Parties

Mr Nobu Su (also known as Hsin Chi Su, Su Hsin Chi and Nobu Morimoto)

Claimant/respondent

Clarksons Platou Futures Limited

Defendant/applicant

Mr Vassilis Karakoulakis

Defendant/applicant

Procedural Posture

Commercial Court Application / Summary Judgment Application

Legal Issues

  1. 1 Whether the claim for breach of warranty of authority is time barred under section 5 of the Limitation Act 1980
  2. 2 Whether the claim in negligence is time barred under section 2 of the Limitation Act 1980
  3. 3 Whether section 14A of the Limitation Act 1980 saves the negligence claim

Ratio Decidendi

Both causes of action accrued in July/August 2008 when Mr Su was bound personally to the FFA deal and suffered damage. Mr Su had the relevant knowledge by July 2012, so the claims are time barred and section 14A does not save them.

Court Disposition

Summary judgment granted for Defendants

Orders

  • Claim dismissed as time barred
  • Defendants entitled to summary judgment