||All England Reporter
|| All ER (D) 328 (Oct)
|| EWCA Civ 795
||Court of Appeal, Civil Division
May, Keene and Smith LJJ
||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.
||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 - , .
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.
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