Mcevoy v AA Welding and Fabrication Ltd: CA 15 Dec 1997

Where a first writ issued within the primary limitation period is itself ineffective (although not a nullity) through having been issued variously without consent against a company in liquidation.
Held: The Walkley principle does not apply to defeat in limine a second action, notwithstanding that in each of those cases the defect was recognised to be curable by the late grant of leave.
[1998] PIQR 266, [1997] EWCA Civ 2921
Bailii
Limitation Act 1980 33
England and Wales
Citing:
CitedWalkley v Precision Forgings Ltd HL 1979
The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, would be dismissed for want of prosecution.
Held: He . .

Cited by:
CitedBarry Young (Deceased) v Western Power Distribution (South West) Plc CA 18-Jul-2003
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His . .
CitedHorton 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 . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.185754