SU V CLARKSONS PLATOU FUTURES LTD AND ANOTHER

[2017] EWHC 337 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Teare, 24 February 2017

Summary judgment - Time bar - Breach of Freight Forward Agreement (FFA) - Breach of warranty of authority - Late knowledge of facts - Limitation Act 1980, section 14A

The claimant had become bound personally to an FFA deal by the defendant brokers and had been successfully sued. He now sued the brokers for damages in respect of the personal liability, arguing that they ought not to have bound him personally to the deal. The defendants sought summary judgment on the ground that the claim was time-barred, not having been brought within six years.