The claimant was diagnosed as suffering from an industrial disease. He instructed solicitors promptly, but they failed to issue within the limitation period. The claimant applied for the time to be lengthened to allow him to claim. The court exercised their discretion in his favour. The failings of his solicitors should not be visited upon him. He had acted with proper speed, had employed solicitors to get on with it. The delay of nearly six months was not excessive.
Citations:
Gazette 28-Apr-2000, Times 02-May-2000, [2000] Lloyd’s Rep Med 247
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Lists of cited by and citing cases may be incomplete.
Limitation, Legal Professions
Updated: 10 May 2022; Ref: scu.79504