Zurich Insurance Plc v Nightscene Ltd

Zurich Insurance Plc v Nightscene Ltd

Time for limitation purposes under the Guarantee did not begin to run until the final balance of costs in respect of repairs was known and BPDL had been called upon to pay; thus, the claim against Nightscene was not statute-barred.

Parties
Claimant/respondent: Zurich Insurance Plc; Defendant/appellant: Nightscene Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2019
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Guarantee Liability, Limitation Period, Indemnity, Construction of Contract Clauses
Contract Law Insurance Law Guarantee Liability Limitation Period Indemnity Construction of Contract Clauses

Case Brief

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Parties

Zurich Insurance Plc

Claimant/respondent

Nightscene Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claim under the Guarantee was statute-barred under the Limitation Act 1980
  2. 2 Whether clause 4.16 of the Agreement gave rise to a separate cause of action
  3. 3 When time began to run for limitation purposes under the Guarantee

Ratio Decidendi

Time for limitation purposes under the Guarantee did not begin to run until the final balance of costs in respect of repairs was known and BPDL had been called upon to pay; thus, the claim against Nightscene was not statute-barred.

Court Disposition

Appeal dismissed