Three defendants applied for summary strike out of the claim against them saying the claim was now time barred: ‘It raises the issue of whether the cause of action for breach of the implied undertaking in an exclusive jurisdiction clause arises once and for all when proceedings are begun otherwise than in the agreed forum, or arises successively each time a step is taken in those proceedings, or arises continuously for so long as those proceedings are on foot.’
Mr Salter QC
[2018] EWHC 750 (Comm), [2018] WLR(D) 211, [2018] 3 WLR 358
Bailii, WLRD
Limitation Act 1980
England and Wales
Updated: 19 October 2021; Ref: scu.609089
