Source: All England Reporter
Publisher Citation: [2008] All ER (D) 328 (Oct)
Neutral Citation: [2008] EWCA Civ 795
Court: Court of Appeal, Civil Division

May, Keene and Smith LJJ

Representation Richard Maxwell QC and Rufina Weereratne (instructed by Abney Garsden & McDonald) for the claimant.
  Edward Faulkes QC and Nicholas Fewtrell (instructed by Hill Dickinson) for the defendant.
Judgment Dates: 17 June 2008


Limitation of action - Period of limitation - Negligence claim - Judge erring in consideration of whether to extend limitation period - Whether decision ought to be remitted to judge - , .

The Case

Limitation of action Period of limitation. Court of Appeal: The judge had erred in his application of s33 of the Limitation Act when deciding whether to extend the claimants' time limit to make a claim for negligence. Accordingly, the claimants' appeal would be allowed and the decision remitted to the judge.

Practice Areas

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