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KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003

The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003

McCoubrey v Ministry of Defence: CA 24 Jan 2007

The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise. Held: The defendant’s appeal was allowed. ‘If a claimant can bring himself within section 11(4)(b), then he can … Continue reading McCoubrey v Ministry of Defence: CA 24 Jan 2007

McDonnell and Another v Walker: CA 24 Nov 2009

The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33. Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in magnitude from anything notified to them before, almost seven years to the day after the accident, and where there … Continue reading McDonnell and Another v Walker: CA 24 Nov 2009