Source: All England Reporter
Publisher Citation: [2002] All ER (D) 403 (Oct)
Court: Technology and Construction Court
Judge:

Judge Anthony Thornton QC

Representation Finola O'Farrell QC (instructed by Rosling King) for the claimant.
  Robert Clay (instructed by Rosenblatt) for the defendant.
Judgment Dates: 4 October 2002

Catchwords

Deeds - Interpretation of deed - Warranty under seal - Retrospective effect of cause of action under deed - Date from which time running.

The Case

A contract or a deed, being a contract under seal, could take effect retrospectively when that was the intention (express or implied) of the parties and when such retrospectivity was not precluded by law. Parties could therefore agree that any cause of action was to accrue from a date earlier than the contract or deed, and, in such circumstances, time, for limitation purposes, would run from the date that the breach of contract occurred. A pre-existing contractual relationship between the parties prior to the contract or deed in question was not a pre-requisite to giving the latter instrument retrospective effect.

Practice Areas

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