The Court of Appeal (Hallett, Briggs LJJ and Moylan J) today handed down their decision upholding the judgment of Blair J in favour of the web retailer The Hut. The Appellants, Oliver Nobahar-Cookson and a Jersey trust of which he was settlor, had sought to argue that The Hut's £4.3m warranty claim against them fell foul of a contractual time-bar. In giving the lead judgment, Briggs LJ addressed the language of the time-bar, its commercial purpose and the "contra preferentem" rule of construction. He concluded that The Hut's narrower interpretation was to be preferred and its warranty claim was therefore within time. Philip Edey QC, Andrew Fulton and Sarah Tresman acted for The Hut, instructed by Quinn Emanuel.
Judgment here: http://www.bailii.org/ew/cases/EWCA/Civ/2016/128.html