CONSULTING CONCEPTS INTERNATIONAL INC v CONSUMER PROTECTION ASSOCIATION (SAUDI ARABIA)

CONSULTING CONCEPTS INTERNATIONAL INC v CONSUMER PROTECTION ASSOCIATION (SAUDI ARABIA)

The claim for payment under the invoices and the Undertaking is time-barred because the cause of action accrued when the services were performed, and the contractual provisions regarding payment within 90 days or by 31 December 2013 are not sufficiently clear to displace the established principle. The extension of time for service of Particulars of Claim is granted due to compelling circumstances, but the claim is struck out as having no real prospect of success.

Parties
Claimant: Consulting Concepts International Inc; Defendant: Consumer Protection Association (Saudi Arabia)
Jurisdiction
England and Wales
Judgment Date
03 March 2022
Procedural Posture
Commercial Court Claim / Ruling on Strike Out and Extension Applications
Outcome
Claim struck out; extension of time for service of Particulars of Claim granted
Legal Topics
Limitation of Actions, Strike Out Applications, Extension of Time, Contractual Interpretation
Contract Law Civil Procedure Limitation of Actions Strike Out Applications Extension of Time Contractual Interpretation

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Parties

Consulting Concepts International Inc

Claimant

Consumer Protection Association (Saudi Arabia)

Defendant

Procedural Posture

Commercial Court Claim / Ruling on Strike Out and Extension Applications

Legal Issues

  1. 1 Whether the claim for payment under invoices and an undertaking is time-barred under English law
  2. 2 Whether the contractual terms regarding payment affect the accrual of the cause of action for limitation purposes
  3. 3 Whether a retrospective extension of time for service of Particulars of Claim should be granted

Ratio Decidendi

The claim for payment under the invoices and the Undertaking is time-barred because the cause of action accrued when the services were performed, and the contractual provisions regarding payment within 90 days or by 31 December 2013 are not sufficiently clear to displace the established principle. The extension of time for service of Particulars of Claim is granted due to compelling circumstances, but the claim is struck out as having no real prospect of success.

Court Disposition

Claim struck out; extension of time for service of Particulars of Claim granted

Orders

  • Extension of time for service of Particulars of Claim granted
  • Claim Form and Particulars of Claim struck out