| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 147 (May) |
| Neutral Citation: | [2008] EWHC 1011 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Cox J |
| Representation | Robin Oppenheim QC (instructed by Davies & Partners, Solicitors) for the claimant. |
| Angus Moon QC (instructed by Radcliffes Le Brasseur, Solicitors) for the first defendant. | |
| Martin Porter QC (instructed by Bevan Brittan LLP, Solicitors) for the second defendant. | |
| Judgment Dates: | 13 May 2008 |
Catchwords
Limitation of action - Period of limitation - Personal injury claim - Second action - Discretion to apply - , .
The Case
Where the claimant had issued a second action for clinical negligence against the defendants because of the failure of her former solicitors to serve the claim form in time, the claimant had shown that it would be equitable to disapply the limitation provisions. In balancing the prejudice to the claimant and to each defendant, the circumstances weighed firmly in the claimant's favour.
Practice Areas
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