CPR 24.2(a)(i) – Summary judgment against Part 20 Claimant – Whether no real prospect of success
1. Indemnity – Indemnity against loss etc suffered by reason of indemnifier’s breach of contract – Date of accrual of cause of action – Breaches giving rise to claims by third parties – Whether cause of action accrues when liability to third parties arises or is satisfied
2. Construction of documents – Settlement agreement – Recital of agreement to ‘resolve all outstanding matters’ – Waiver of ‘all claims or causes of action . . [arising] prior to the date of this Agreement’ – Whether claims under indemnity included if cause of action had not accrued
Judges:
His Honour Judge Hicks QC
Citations:
[2000] EWHC Technology 138
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 19 November 2022; Ref: scu.201799