Cerascope Ltd & Anor v

Cerascope Ltd & Anor v

The letter of 2nd March 2005 did not specify a claim for statutory compensation or indemnity under the 1992 law, and thus failed to interrupt the limitation period. The claim for compensation is statute barred.

Parties
Claimant: Cerascope Limited; Defendant: Todagres S. A
Jurisdiction
England and Wales
Judgment Date
25 June 2008
Procedural Posture
Commercial Agency Dispute / Trial of Preliminary Issue
Outcome
Claim for statutory compensation under Spanish Law 12/1992 is statute barred.
Legal Topics
Limitation Period, Statutory Compensation, Foreign Law Application, Commercial Agency, Directive 86/653/eec
Commercial Law Conflict of Laws Limitation Period Statutory Compensation Foreign Law Application Commercial Agency Directive 86/653/eec

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Parties

Cerascope Limited

Claimant

Todagres S. A

Defendant

Procedural Posture

Commercial Agency Dispute / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the letter dated 2nd March 2005 interrupted the limitation period under Spanish law for statutory compensation
  2. 2 Whether the claim for compensation under Article 31 of Spanish Law 12/1992 is statute barred

Ratio Decidendi

The letter of 2nd March 2005 did not specify a claim for statutory compensation or indemnity under the 1992 law, and thus failed to interrupt the limitation period. The claim for compensation is statute barred.

Court Disposition

Claim for statutory compensation under Spanish Law 12/1992 is statute barred.

Orders

  • Claim for compensation under Article 31 of the 1992 law is dismissed as statute barred.