The Defendant asked the court to strike out, or grant summary judgment of, the claim principally on the basis that it was time barred because the services were provided prior to 17 December 2013 and the claim was issued more than six years later. ![]() All bar one of the invoices were submitted to the Defendant less than 90 days before 27 December 2013. On 27 December 2019, the Claimant issued a claim form seeking payment of three unpaid invoices for services provided to the Defendant prior to 17 December 2013 (and a further sum said to be due under an undertaking). For claims arising under an agreement, the general rule is that claims must be brought within six years of the ‘cause of action’, being the date of breach of the agreement (section 5, Limitation Act 1980). Legislation sets out time periods (or ‘limitation periods’) within which legal action must be brought. The Claimant raised invoices in late 2013, which the Defendant failed to pay. ‘All invoices submitted by will be paid within 90 days if funds of Stakeholders are available, by submission of said Invoice by to a Bank account designated by ’ ( Payment Clause). The agreement provided that the Claimant would be remunerated for its work as follows: Backgroundīy an agreement dated 10 June 2013, the parties agreed to ‘collaborate to develop and implement strategies, programs and public policies to address the root causes of Asthma’ and related issues. ![]() Does that mean that a claim for payment only accrues at the expiry of that prescribed period? Or does the cause of action accrue when the work is done regardless of the terms of business or invoicing arrangements? The point was addressed by the Court of Appeal in December 2022 in the claim of Consulting Concepts International Inc ( Claimant) -v- Consumer Protection Association (Saudi Arabia) ( Defendant) EWCA Civ 1699. Restructuring and insolvency law servicesĪ service provider’s terms of business often include a provision requiring invoices to be paid within a prescribed period. ![]()
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