Citation: 90 Con LR 26 CA
Nature of case: This is the Court of Appeal decision upholding the TCC’s decision that it is open to parties to give retrospective effect to a contract if they wish. The dating of a warranty five months under seal five months before its execution meant that an action by assignees of the warranty was statute-barred by the Limitation Act and they could not claim against the warrantor contractors.
See also the TCC decision: Northern & Shell Plc v John Laing Construction Ltd [2003] 85 Con LR 179