Dowdall v William Kenyon & Sons Ltd & Ors

Dowdall v William Kenyon & Sons Ltd & Ors

The proceedings are not an abuse of process as the defendants were not parties to the first action and there is no unjust harassment. The prior settlement did not extinguish the present claims as the claimant did not receive full compensation for mesothelioma, only for the risk. The claims are statute-barred under the Limitation Act 1980, but the court exercises its discretion under section 33 to allow the claims to proceed, as the claimant would suffer significant prejudice if barred and there is no substantial evidential prejudice to the defendants.

Parties
Claimant: John Patrick Dowdall; First Defendant: William Kenyon & Sons Limited; Second Defendant: BECA (Engineers) Limited; Third Defendant: Greenfield & Payne Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2014
Procedural Posture
Personal Injury / Tort (asbestos Related Disease) / Preliminary Issues Judgment on Limitation, Estoppel, Abuse of Process, and Effect of Prior Settlement
Outcome
Claimant's application under section 33 of the Limitation Act 1980 is granted; claims may proceed against all three defendants.
Legal Topics
Asbestos Litigation, Mesothelioma, Limitation Act 1980, Abuse of Process, Estoppel, Contribution Between Tortfeasors, Provisional Damages
Tort Personal Injury Limitation Asbestos Litigation Mesothelioma Limitation Act 1980 Abuse of Process Estoppel +2 more

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Parties

John Patrick Dowdall

Claimant

William Kenyon & Sons Limited

First Defendant

BECA (Engineers) Limited

Second Defendant

Greenfield & Payne Limited

Third Defendant

Procedural Posture

Personal Injury / Tort (asbestos Related Disease) / Preliminary Issues Judgment on Limitation, Estoppel, Abuse of Process, and Effect of Prior Settlement

Legal Issues

  1. 1 Whether the present proceedings are an abuse of process
  2. 2 Whether the claimant is estopped from bringing the present proceedings
  3. 3 Whether the proceedings are barred by the Limitation Act 1980

Ratio Decidendi

The proceedings are not an abuse of process as the defendants were not parties to the first action and there is no unjust harassment. The prior settlement did not extinguish the present claims as the claimant did not receive full compensation for mesothelioma, only for the risk. The claims are statute-barred under the Limitation Act 1980, but the court exercises its discretion under section 33 to allow the claims to proceed, as the claimant would suffer significant prejudice if barred and there is no substantial evidential prejudice to the defendants.

Court Disposition

Claimant's application under section 33 of the Limitation Act 1980 is granted; claims may proceed against all three defendants.

Orders

  • Section 33 Limitation Act 1980 applied to allow claims to proceed out of time against all defendants.