Cox J considered the circumstances required to justify the extension of time for limitation: ‘In my view the crucial question in cases such as these, when considering the effects of the passage of time generally and the Section 33 discretion, is whether it is still possible to have a fair trial of the issues on the available evidence. Of relevance to this question will be when the Defendants first had knowledge of the claim and the opportunity they have had to investigate it and secure relevant evidence, and can prepare to meet it at trial.’
Judges:
Cox J
Citations:
[2008] EWHC 1537 (QB)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Limitation
Updated: 17 July 2022; Ref: scu.270820
