Zurich Insurance Plc v Nightscene Ltd [2019] EWHC 352 (QB) (25 February 2019)

Zurich Insurance Plc v Nightscene Ltd [2019] EWHC 352 (QB) (25 February 2019)

Nightscene's liability under the Guarantee did not arise until the final balance of costs for repairs was known and BPDL had been called upon to pay; limitation period began at that point, not at the time of first payment or breach of earlier clauses.

Citation
[2019] EWHC 352
Parties
Claimant/respondent: Zurich Insurance Plc; Defendant/appellant: Nightscene Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2019
Procedural Posture
Civil Appeal / Appeal From Bristol County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Guarantee, Indemnity, Limitation Periods, Statute Barred Claims
Contract Law Insurance Law Guarantee Indemnity Limitation Periods Statute Barred Claims

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Parties

Zurich Insurance Plc

Claimant/respondent

Nightscene Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Bristol County Court Judgment

Legal Issues

  1. 1 Whether Zurich's claim under the Guarantee against Nightscene was statute-barred
  2. 2 When limitation period began for claims under clause 4.16 of the Agreement and the Guarantee

Ratio Decidendi

Nightscene's liability under the Guarantee did not arise until the final balance of costs for repairs was known and BPDL had been called upon to pay; limitation period began at that point, not at the time of first payment or breach of earlier clauses.

Court Disposition

Appeal dismissed

Orders

  • No sums paid before 5 June 2009 are time-barred; Zurich entitled to recover full amount from Nightscene under Guarantee