Look at the wording and the highlighted words.Even if VMC could...

• Look at the wording and the highlighted words.
  
  Even if VMC could establish a breach of duty by DJC (which is denied), its inordinate and unexplained delay in bringing proceedings disentitles it to a constructive trust over Penny West.
  
  Now if it was the case that the law insisted that a company immediately brought proceedings in these circumstances the courts would have many more cases on their hands and the end result would be that most winners would actually gain nothing at all.
  Going to court is a last resort and the law is carefully constructed to avoid overuse of the legal system. That is a strong principle in the construction of laws. The Spectrum claim flies in the face of that principle and almost certainly the relevant law is contract law which has a time limit of 6 years.
  Further, it is preposterous to claim that Venus's delay was inordinate and unexplained. The explanation is one that is obvious and will be applauded by the court. Venus did not want to tie up court time until there were good grounds to do so, ie PW was discovered to be a rich gold mine.