Source: All England Reporter
Publisher Citation: [2002] All ER (D) 128 (Nov)
Court: Queen's Bench Division
Judge:

Judge Zucker QC sitting as a judge of the High Court

Representation Galina Ward (instructed by J Keith Park, Liverpool) for the claimant.
  Karen Steyn (instructed by Kevin Gardner, Winchester) for the local authority.
Judgment Dates: 8 November 2002

Catchwords

Limitation period - Time from which period runs - Expiry - Discretion to disapply - Personal injury - Claim issued out of time - ss 1, 14, 33.

The Case

Summary judgment was given to the defendant as the claimant's claim had been issued out of time, and in the circumstances, the court would not exercise its discretion to disapply the primary limitation period.

Practice Areas

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