Tag Archives: Section 33

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 […]

DRAFTING A SCHEDULE OF DAMAGES: BETTER READ THIS: WORKS OF FICTION ARE NEVER GOING TO HELP

When drafting a Schedule of Damages it is wise to remember that it may well come under close scrutiny. The temptation to “draft high” is always present; however it can cause irredeemable harm.  Everyone who drafts schedules should read the judgment of Mr Justice Langstaff in F and S -v- TH [2016] EWHC 1605 (QB). […]

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 […]

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 […]

DATE OF KNOWLEDGE AND SECTION 33 IN SEXUAL ABUSE CASES: A HIGH COURT DECISION

In A -v- The Trustees of the Watchtower Bible and Tract Society [2015] EWHC 1722 (QB) Mr Justice Globe considered the issue of the date of knowledge under s.14 of the Limitation Act 1980 and also stated that, had it been necessary, he would have exercised his discretion under Section 33 of the Limitation Act […]

SECTION 33 AND “LONG TAIL CLAIMS”: CONSTRUCTIVE KNOWLEDGE AND RELEVANCE OF DELAY BETWEEN THE BREACH AND THE DATE OF KNOWLEDGE

In Collins -v- Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717  the Court of Appeal considered the appropriate legal test  for the date of knowledge and exercise of the section 33 discretion when an action for damages for an asbestos related illness was issued late and the exposure had […]