Citation: 85 Con LR 179 TCC
Nature of case: Confirmed that it is open to parties to give retrospective effect to a contract if they wish. Here, the dating of a warranty 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 Court of Appeal decision: Northern & Shell Plc v John Laing Construction Ltd [2003] 90 Con LR 26