AB & Ors v Ministry of Defence [2009] EWHC 1225 (QB) (05 June 2009)

AB & Ors v Ministry of Defence [2009] EWHC 1225 (QB) (05 June 2009)

The court held that, although the claims are prima facie statute-barred under the Limitation Act 1980, in the majority of the lead cases it is appropriate to exercise the discretion under section 33 to allow the claims to proceed, given the unique circumstances, the passage of time, the nature of the evidence, and the interests of justice. The claims are not struck out as an abuse of process at this stage.

Citation
[2009] EWHC 1225 (QB)
Parties
Claimants: AB & Others; Defendants: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Group Personal Injury Action (test Cases) / High Court Judgment on Limitation and Strike Out/abuse of Process
Outcome
Majority of lead claims allowed to proceed; limitation period disapplied under section 33 in most cases; claims not struck out as abuse of process.
Legal Topics
Limitation of Actions, Negligence, Causation, Abuse of Process, Group Litigation, Exposure to Ionising Radiation
Tort Law Personal Injury Public Law Limitation of Actions Negligence Causation Abuse of Process Group Litigation +1 more

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Parties

AB & Others

Claimants

Ministry of Defence

Defendants

Procedural Posture

Group Personal Injury Action (test Cases) / High Court Judgment on Limitation and Strike Out/abuse of Process

Legal Issues

  1. 1 Whether claims for personal injury/death from exposure to ionising radiation during British nuclear tests in the 1950s are statute-barred under the Limitation Act 1980
  2. 2 Whether the court should exercise its discretion under section 33 of the Limitation Act to allow claims to proceed
  3. 3 Whether the claims should be struck out as an abuse of process

Ratio Decidendi

The court held that, although the claims are prima facie statute-barred under the Limitation Act 1980, in the majority of the lead cases it is appropriate to exercise the discretion under section 33 to allow the claims to proceed, given the unique circumstances, the passage of time, the nature of the evidence, and the interests of justice. The claims are not struck out as an abuse of process at this stage.

Court Disposition

Majority of lead claims allowed to proceed; limitation period disapplied under section 33 in most cases; claims not struck out as abuse of process.

Orders

  • Claims in majority of lead cases may proceed to trial on merits.
  • Limitation period disapplied under section 33 Limitation Act 1980 for most lead cases.