HT-2023-000254 - [2024] EWHC 2063 (TCC)

In its skeleton argument, though not foreshadowed in the evidence, NHBC sought to run a further alternative argument that Peabody’s case seeks an indemnity for some costs which had been actually incurred in 2016. It is said that this means the whole claim is time-barred. I deal with this below (at paragraph 63ff). Mr Casey did not specifically object to me doing so but, as will be seen, the lateness of the point makes its resolution at a summary stage difficult, at least in favour of NHBC.