Warranty Claims – Richard Ascroft considers aspects of notice provisions and contractual time bars


Clauses requiring written notice of a warranty claim to be given by a specified deadline are a common feature of share purchase and other sale agreements. Often they are followed by a requirement that any claim be commenced within a further specified period of the giving of any notice of claim.

The recent decision of the Court of Appeal in Nobahar-Cookson v The Hut Group Ltd [2016] EWCA Civ 128 (which considers the scope for reliance on the contra proferentem rule in the context of ambiguous notice provisions) provides an opportunity to consider traps for would be claimants when seeking to enforce contractual warranties.

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