AIC LTD v ITS TESTING SERVICES (UK) LTD (THE “KRITI PALM”)

[2007] 1 Lloyd's Rep. 555

COURT OF APPEAL

Before Lord Justice Buxton, Lord Justice Rix and Sir Martin Nourse

Contract - Sale of gasoline providing for independent inspection - Buyer entering into sub-sale with similar provision - Inspection company providing certificate stating “Fuel meets specification” - Doubts raised as to correctness of certificate - Inspection company standing by certificate - Buyer insisting that sub-buyer take delivery - Swiss courts subsequently holding certificate not correct - Whether inspection company in breach of contract and/or in breach of duty to buyer - Whether inspection company liable to buyer in deceit - Whether claims time-barred under Limitation Act 1980 - Whether inspection company deliberately concealed facts relevant to buyer’s right of action - Limitation Act 1980, section 32.