Waleed Tariq Academy homeNEC Case Law, Clause by Clause · Has it been appealed?
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NEC Case Law, Clause by Clause · Lesson 3 of 4

Has it been appealed?

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Why it matters

Leila may cite a June 2026 judgment on CE014, so can she rely on it?

Recent cases are the likeliest to move.

GBP 56,000in dispute on CE014. Leila Moss is Merrow Vale's commercial manager.
21 daysthe usual time to file an in England and Wales

Source: Module 0.

The rule

An appeal starts within 21 days and can take a year or more

Until an appeal is decided, the first judgment can still fall.

England and Wales

The court can set another period.

  1. Judgmentday 0
  2. Appeal noticewithin 21 days
  3. Permissionusually needed
  4. Appeal decideda year or more

Source: Module 0.

The rule

In Mears only the third judgment decided the estoppel

Cite the 2015 trial for the . The 2013 rulings only let the case go on (Module 1).

Mears v Shoreline, 2013 to 2015Two rulings in 2013 let the case go on. The trial judgment of 20 May 2015 decided the estoppel.Dec 2012MarJunSepDecMarJunSepDecMarJunTCCCourt ofAppeal1 Strike out refused2 Appeal dismissed3 Trial decides
  1. 117 JanStrike out refusedTCC The TCC refuses to strike out Mears' estoppel case. It decides nothing on the estoppel.
  2. 25 JunAppeal dismissedCourt of Appeal The Court of Appeal dismisses Shoreline's appeal. The case is only arguable.
  3. 320 MayTrial decidesTCC At trial the TCC decides the estoppel in Mears' favour.
117 JanTCC

…

Source: Module 0. Module 1. Mears v Shoreline (2013 and 2015).

See it on the project

Suppose Leila weighs Premier Modular on 5 August, eight weeks after judgment

Past the 21 days is not the same as safe. She searches and records the date.

Premier Modular, June to October 2026Judgment on 10 June 2026. The usual 21 days end on 1 July. No appeal was found on 28 September.JuneJulyAugustSeptemberOctoberThe caseMerrowVale21 days1 Judgment2 Leila checks3 No appeal found
  1. 110 JunJudgmentThe case In Premier Modular the TCC refuses enforcement.
  2. 25 AugLeila checksMerrow Vale Suppose Leila weighs it on the delay to CE014. The 21 days are over, but an appeal filed in time may be pending.
  3. 328 SepNo appeal foundThe case A search finds no appeal or later judgment. Check again before you cite it.
110 JunThe case

…

Source: Module 0. Premier Modular v Maidstone and Tunbridge Wells NHS Trust (2026).

Quick check · Has it been appealed?

Two questions on what you have just covered

Pick an answer to see why.

Quick checkPick an answer to see if you are right and why
1Suppose the gives judgment on Tuesday 4 August 2026. When do the usual 21 days end?
Tuesday 25 August 2026
Tuesday 1 September 2026
Monday 24 August 2026
2Suppose the 21 days ended a month ago and nobody has searched. Is the case safe to cite?
Not yet. Search for an appeal first
Yes. The time for an appeal has passed
Yes, as long as it was decided in the TCC

2 questions to answer

Source: Module 0.

Try it

Sort what you would do with each case before you cite it

Decide before Leila sends the statement of case.

Case 1 of 5

…

Source: Module 0. Module 1.

Recap

Search for an appeal before you rely on a recent decision

A short search protects the whole statement of case.

On Monday at work

  • Diary 21 days from judgment, then search again before you cite.
  • Search Find Case Law, the National Archives' free service, by party.
  • Record the date, where you searched and what you found.

In the Toolkit: NEC4 Contract Checklists (ECC and ECS) (Excel) Members

Next lesson: The law of the contract at Aldermere

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Independent course material. It is not published or endorsed by NEC, and it is not legal advice. Clause references are to the NEC4 Engineering and Construction Contract, June 2017 with amendments January 2023. Cases decided under an earlier edition are matched to the NEC4 clause that does the same job. The worked examples and their people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.

Source: Module 0.

Go deeper (optional)

Two limits of an appeal check

Skip it if you are short of time.

Is the 21 days always the period?

No. The court that decides the case can set another period.

Does no appeal found mean no appeal?

Not always. A permission ruling may not be published, so read a recent case note too.

How does this course help?

It marks every decision from 2026 and gives the date of its last appeal search.

Source: Module 0.