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Fraud claim was statute barred and abuse of process (Schweppe v Closier)

Fraud claim was statute barred and abuse of process (Schweppe v Closier)
Published on: 28 June 2017
Published by: LexisPSL
  • Fraud claim was statute barred and abuse of process (Schweppe v Closier)
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Article summary

Construction analysis: The Technology and Construction Court held that, even taking into account the delayed commencement of the limitation period imposed by section 32(1) of the Limitation Act 1980 (LA 1980) in respect of fraud claims, the claimant was aware of all the relevant facts at least six years prior to the proceedings and its claim was therefore statute-barred. Its claim also amounted to an abuse of process as the relevant allegations should have been included in earlier proceedings. or take a trial to read the full analysis.

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