Northern & Shell Plc v John Laing Construction Ltd

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

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