Su v Clarksons Platou Futures Ltd & Anor [2018] EWCA Civ 1115 (16 May 2018)

Su v Clarksons Platou Futures Ltd & Anor [2018] EWCA Civ 1115 (16 May 2018)

Mr Su had, by at least 18 July 2012, sufficient knowledge of the facts about his alleged damage and its attribution to the defendants to satisfy the requirements of s.14A(5) of the Limitation Act 1980. Therefore, his claim in negligence, issued on 4 November 2015, was time-barred.

Citation
[2018] EWCA Civ 1115
Parties
Appellant/claimant: Mr Nobu Su (also known as Hsin Chi Su, Su Hsin Chi and Nobu Morimoto); Respondent/defendant: Clarksons Platou Futures Limited; Respondent/defendant: Mr Vassilis Karakoulakis
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Limitation of Actions, Negligence, Breach of Contract, Summary Judgment
Civil Procedure Commercial Law Limitation of Actions Negligence Breach of Contract Summary Judgment

Case Brief

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Parties

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

Appellant/claimant

Clarksons Platou Futures Limited

Respondent/defendant

Mr Vassilis Karakoulakis

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the claim in negligence against Clarksons and Mr Karakoulakis was time-barred under s.14A of the Limitation Act 1980
  2. 2 When Mr Su acquired the requisite knowledge for limitation purposes under s.14A(5) of the Limitation Act 1980

Ratio Decidendi

Mr Su had, by at least 18 July 2012, sufficient knowledge of the facts about his alleged damage and its attribution to the defendants to satisfy the requirements of s.14A(5) of the Limitation Act 1980. Therefore, his claim in negligence, issued on 4 November 2015, was time-barred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; summary judgment for the defendants stands