Resisting strike-out on the grounds of limitation

John successfully represented a commercial client in resisting the Defendant’s application for strike out on the grounds of limitation.

Although the Defendant had a strong argument that his client was statute-barred from bringing a case outside of the 6 year limitation, John’s knowledge of commercial law meant that he was able to resist the application. Arguing that the contract in question was a specialty meant that, if persuaded, the court would increase the limitation to 12 years.

The court agreed, and the application was dismissed. The Defendant was ordered to pay full costs for John’s client.