Tag Archives: Limitation Act 1980

LIMITATION; SEXUAL ABUSE AND THE SECTION 33 DISCRETION: NO SPECIAL RULE JUST BECAUSE THE DEFENDANT WAS MORALLY CULPABLE

In GH -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3337 (QB) HH Judge Gosnell considered the exercise of the Section 33 discretion in a case where there was allegation of sexual abuse that took place in the 1980s. “I will deal here briefly with the novel submission put forward by Leading […]

LIMITATION AND DATE OF KNOWLEDGE: NO SPECIAL RULE BECAUSE THE CLAIMANT WAS A SOLICITOR

I am grateful to Thomas Jervis of Leigh Day for sending me a copy of the judgment of Mr Justice Goss in Lewin -v- Glaxo Operations UK Limited [2016] EWHC 3331 (QB), an interesting decision in relation to limitation. (A copy of the case is available here lewin) KEY POINTS The claimant had suffered late onset […]

SECTION 33: CERTAIN FALLACIES DISPLACED

Each application under s.33 of the Limitation Act 1980 is, of course, unique. It is interesting, however to examine the decision of Her Honour Judge Walden Smith (sitting as a High Court judge) in Sanderson -v- City of Bradford City Council [2016] EWHC 527 (QB). Not least it eliminates one, still widely peddled, fallacy about […]

LIMITATION :”STANDSTILL AGREEMENT” HAS WIDE SCOPE & COVERS CLAIM IN DECEIT: COURT OF APPEAL DECISION

In Mortgage Express -v- Countrywide Surveyors Limited [2015] EWCA Civ 1110 the Court of Appeal construed a limitation “standstill” agreement. It is, possibly, the first time a “standstill” agreement has been construed on appeal. Given that these agreements are now increasingly popular, so as to avoid excessive court fees. The decision may have considerable practical […]

THE DATE OF KNOWLEDGE AND SECTION 33: A CASE THAT CLINICAL AND PROFESSIONAL NEGLIGENCE LAWYERS PROBABLY NEED TO READ

In Rayner -v- Wolferstans & Medway NHS Foundation Trust [2015] EWHC 2957 (QB) Mr Justice Wilkie carried out a comprehensive review of the law relating to date of knowledge and Section 33 of the Limitation Action 1980.  It also touches on the limitation period in professional negligence claims. It is a case where the claimant’s […]

THE ACCRUAL OF THE LIMITATION PERIOD FOR LOSS OF EARNINGS: A CLAIM “JUST” IN TIME

The previous post looked at the decision in relation to interest in Oyesanya -v- Mid-Yorkshire Hospital Trust [2015] EWCA Civ 1049. Here we look at the procedural points. “I cannot leave this case without making three observations. First, I am surprised that the respondent, a Health Trust, thought it appropriate to plead the Limitation Act in […]

THE DATE OF KNOWLEDGE UNDER SECTION 14A OF THE LIMITATION ACT: DELAY WHEN APPLYING TO SET JUDGMENT ASIDE

In Blakemores LDP -v- Scott [2015] EWCA Civ 999 the Court of Appeal considered issues relating to date of knowledge for the purpose of  s.14A of the Limitation Act 1980 . The court also considered the impact of delay when applying to set judgment aside. THE CASE The claimant (a firm of solicitors in administration) […]