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

28th Nov 2006

[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.