“Kriti Palm” AIC Ltd –v- ITS Testing Services (UK) Ltd

Jonathan Gaisman QC
James Brocklebank QC

[2007] 1 Lloyd’s Rep. 555

Jonathan Gaisman QC and James Brocklebank – Contract – Sale of gasoline providing for independent inspection – Buyer entering into sub-sale with similar provision – Inspection company providing certificate stating “Fuel meets specification” – Doubts raised as to correctness of certificate – Inspection company standing by certificate – Buyer insisting that sub-buyer take delivery – Swiss courts subsequently holding certificate not correct – Whether inspection company in breach of contract and/or in breach of duty to buyer – Whether inspection company liable to buyer in deceit – Whether claims time-barred under Limitation Act 1980 – Whether inspection company deliberately concealed facts relevant to buyer’s right of action – Limitation Act 1980, section 32.

Date added: November 28th, 2006

Area of Expertise

Energy & natural resources
Shipping, admiralty & transport