24 May 2011
FRIS COMPANY LIMITED (FORMERLY THE NORTHERN CLINIC MEDICAL AND SURGICAL CENTRE LIMITED) V KINGSTON HC AK CIV 2006-404-968
- Citation
- openlaw-a7b8b46a_5700_4904_96b5_89ac112e9a4f.pdf
- Court
- High Court
The court held the plaintiff's remaining direct negligence claim against the third defendant could not succeed: there was insufficient proximity to impose a tortious duty of care by the architect to the plaintiff and, in any event, Goodall's claim against the third defendant accrued by March 2000 so the assigned cause of action is time-barred under Limitation Act 1950 s4 and barred by the parties' six-year contractual limitation; the assignment did not create a new cause of action requiring leave and the plaintiff had a genuine commercial interest, but none of these saved the claim, thereby j…