Cookie consent

This website uses cookies to collect information about how you use this website. Atkin Chambers uses this information to make the website work as well as possible and improve the services provided by members and staff. You may choose to accept all cookies or chose to manage your cookie settings here:

Cookies on atkinchambers.com

Cookies are files saved on your phone, tablet or computer when you visit a website.

Atkin Chambers uses this information to make the website work as well as possible and improve the services provided by members and staff. You may choose to accept all cookies or chose to manage your cookie settings here:

Cookie settings

Atkin Chambers Limited use two types of cookie files, analytical cookies and necessary cookies. You can choose which cookies you are happy for us to use.

Analytical cookies that measure website use

Atkin Chambers Limited use Google Analytics to measure how you use the website so it can be improved based on user needs. Atkin Chambers do not allow Google to use or share the data about how you use this site.

Google Analytics sets cookies that store anonymised information about:

  • how you got to the site
  • the pages you visit on atkinchambers.com, and how long you spend on each page
  • what you click on while you’re visiting the site

Strictly necessary cookies

These essential cookies do things like remember your progress through a form (for example if you register for updates). They always need to be on.

Save changes

RG Carter Building Ltd v Kier Business Services Ltd [2018] EWHC 729 (TCC)

5th Apr 2018

In 2001/2, the Claimant, R.G. Carter Building Limited, built a new science block at Boston Grammar School. Unfortunately, the science block, which was designed by the Defendant, Kier Building Services Limited, suffered problems with the ingress of water into the building. Consequently, the client, Lincolnshire County Council, brought arbitration proceedings against Carter. The arbitration was settled in 2015 upon terms that Carter would carry out remedial works at its own cost. On 20 September 2017, Carter issued proceedings against Kier seeking an indemnity or a contribution of £205,908.60 in respect of the cost of the settlement.

The judgment concerns the trial of a preliminary issue as to whether these contribution proceedings are statute barred pursuant to section 10 of the Limitation Act 1980 and raises a short point as to the proper construction of the section.The court was required to determine whether time ran under s.10(4) only once the parties had entered into a binding agreement for compensation, or whether something short of a binding agreement was sufficient to start time running.

Preliminary issue determined in favour of Claimant.

Mr Steven Walker QC (instructed by Mills & Reeve LLP) for the Claimant

To view the full judgment please click here.

Media coverage:

5 April 2018





Related Juristictions

Register for updates

To keep in touch with news and updates from Atkin Chambers:

 

Register