Source: All England Reporter
Publisher Citation: [2012] All ER (D) 320 (Oct)
Neutral Citation: [2012] EWCA Civ 1380
Court: Court of Appeal, Civil Division
Judge:

Mummery, Hallett and Tomlinson LJJ

Representation David Allan QC and Ivan Bowley (instructed by Irwin Mitchell Solicitors) for the claimants.
  Leigh-Ann Mulcahy QC and Andrew Kinnier (instructed by Nabarro LLP) for the defendant.
Judgment Dates: 25 October 2012

Catchwords

Limitation of action - Accrual of cause of action - Negligence - Claimants suffering osteoarthritis following work as miners - Claimants bringing group action for negligence against defendant Secretary of State for Energy and Climate Change, focussing on eight lead claims - Judge holding that claimants failing to progress claims properly - Judge dismissing all claims within Group Litigation Order - Claimants appealing - Whether judge erring - , , .

The Case

Limitation of action Accrual of cause of action. The Court of Appeal, Civil Division, considered an appeal against an order dismissing eight lead claims made by miners who had contracted osteoarthritis in their knees through their work. The Court held that, while the case against allowing the eight lead claims to proceed was overwhelming, it would be appropriate to suspend judgment against the other claimants, and to discharge the Group Litigation Order in the matter.

Practice Areas

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