Source: All England Reporter
Publisher Citation: [2008] All ER (D) 201 (Dec)
Neutral Citation: [2008] EWCA Civ 1451
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt C, Smith and Maurice Kay LJJ
Representation Richard Methuen QC (instructed by Beardsells) for the claimant in the first appeal.
  Frank Burton QC (instructed by Cogent) for the defendant in the first appeal.  
  Joseph O'Brien (instructed by Browell Smith) for the claimant in the second appeal.
  Frank Burton QC and Anesh Pema (instructed by Cogent) for the defendants in the second appeal.
Judgment Dates: 18 December 2008

Catchwords

Limitation of action - Court's power to override time limit in personal injury or fatal accident claim - Exercise of discretion - Unfettered discretion to allow action to proceed where equitable to do so - Consistency of approach - Prejudice - Whether fair and just to disapply limitation period - Guidance - ss 11, 33.

The Case

Limitation of action Court's power to override time limit in personal injury or fatal accident claim. Court of Appeal, Civil Division: The Court considered the nature of the judge's discretion under s33 of the as to whether the three-year primary limitation period applicable in personal injury actions should be disapplied.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports