Margolis v Imperial Tobacco Limited, Gallaher Limited, Hergall (In Liquidation): CA 6 Apr 2000

The court of appeal considered when it might interfere with the exercise of a judge’s discretion to extend the limitation period.
Held: The court ‘[will] not interfere with the judge’s discretion unless it was exercised upon wrong principles, by reference to irrelevant matters or in disregard of matters which ought to have been taken into account. or unless it was plainly wrong.’

Citations:

[2000] EWCA Civ 114, [2000] MLC 204

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Buckler v J F Finnegan Ltd CA 21-Jun-2004
The claimant sought damages for personal injuries after ingesting asbestos while employed as a joiner by the defendant. The defendant appealed an order allowing the claim to go ahead despite being out of time. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Limitation

Updated: 31 May 2022; Ref: scu.147147