- Limitation Act 1980—significant delay held to be reasonable (Gregory v H J Haynes Limited)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Personal Injury analysis: The High Court has recently overturned a first instance decision, where the lower court had refused to disapply a limitation period for a claimant pursuant to section 33 of the Limitation Act 1980 (LA 1980). Mr Justice Mann held that the lower court had unfairly placed significant weight on a specific period of delay in bringing the proceedings, and further incorrectly emphasised the claimant’s culpability for that delay. Overturning the decision, and reconsidering the key indices to be addressed when faced with an application to disapply LA 1980, Mr Justice Mann held that the delay was excusable in the circumstances, and that a fair trial was still possible. The evidential position of the defendant had not been unduly worsened by the passage of time, although the delay was considered to be very close to the point at which it would be unfair to defendants to extend the period. Written by Judith Martin, partner at Clyde & Co LLP.
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