Citations: [2003] EWCA Civ 695 Links: Bailii Statutes: Limitation Act 1980 33(3)(a) Jurisdiction: England and Wales Citing: Cited – Coad v Cornwall and Isles of Scilly Health Authority CA 17-Jul-1996 A nurse suffered a back injury in 1983 in the course of her employment. She left the employment of the health authority in either 1990 … Continue reading Skerratt v Linfax Ltd (T/A Go Karting for Fun): CA 6 May 2003
Citations: [2002] EWCA Civ 1970 Links: Bailii Statutes: Limitation Act 1980 33(3) Jurisdiction: England and Wales Personal Injury, Limitation Updated: 08 June 2022; Ref: scu.189025
Where it was not the claimant’s fault that proceedings had not been issued within the appropriate time limit, the judge when considering exercise of his discretion to admit the claim, should not be tempted to refuse to admit it on the basis that the claimant would have a clear claim for negligence against the solicitor … Continue reading Steeds v Peverel Management Services Limited: CA 30 Mar 2001
A nurse suffered a back injury in 1983 in the course of her employment. She left the employment of the health authority in either 1990 or 1991. The judge had accepted her evidence that she did not know that she had a right of action against her employers until she left in 1991. Held: The … Continue reading Coad v Cornwall and Isles of Scilly Health Authority: CA 17 Jul 1996
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
The plaintiff, then a 16 year old girl slipped and fell whilst employed at the defendant’s factory. The limitation period expired on her 21st birthday. She commenced proceedings five and a half months after that date. The judge extended time under LA section 33, holding that he could only consider prejudice suffered by the defendant … Continue reading Donovan v Gwentoys Ltd: HL 1990
The plaintiff’s solicitors, out of negligence, failed to issue a writ until one month after the limitation period had expired. The application to extend the period was rejected at first instance since he had an unanswerable claim against his solicitors. Held: The discretion under the section arises notwithstanding a plaintiff’s solicitors’ perhaps far greater negligence … Continue reading Thompson v Brown Construction (Ebbw Vale) Ltd: HL 1981
The plaintiff suffered very serious injuries as a passenger in a car, and a writ was issued within the three-year period against the driver and the owner of the car whose insurers made a substantial interim payment. The writ was not served, nor renewed at the end of 12 months, and the limitation period expired … Continue reading Deerness v John R Keeble and Son (Brantham) Ltd: HL 1983
The court was asked under what circumstances it should exercise its discretion to extend the limitation period under section 33. Held: Lady Justice Smith said: ‘It appears to me that there is now a long line of authority to support the proposition that, in a case where the defendant has had early notice of the … Continue reading Cain v Francis: CA 18 Dec 2008
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years. Held: The judge had misapplied the test laid down in Stebbings. The court of appeal had not previously considered how to apply its … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 12 Feb 2003