Mossa v Wise [2017] EWHC 2608 (QB) (19 October 2017)

Mossa v Wise [2017] EWHC 2608 (QB) (19 October 2017)

The Master properly exercised discretion under section 33 of the Limitation Act 1980, balancing prejudice to both parties and determining that a fair trial was possible despite Mr Mossa's death. The costs order was appropriate given the interconnectedness of the issues and the Claimant's overall success.

Citation
[2017] EWHC 2608
Parties
Appellant/defendant: The Estate of Mr Mohammed Mossa; Respondent/claimant: Barbara Wise
Jurisdiction
England and Wales
Judgment Date
19 October 2017
Procedural Posture
Appeal / Judgment on Appeal Against Order Allowing Claim to Proceed Under Section 33 Limitation Act 1980 and Costs Order
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Informed Consent, Exercise of Judicial Discretion, Costs Orders
Personal Injury Medical Negligence Civil Procedure Limitation of Actions Informed Consent Exercise of Judicial Discretion Costs Orders

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Parties

The Estate of Mr Mohammed Mossa

Appellant/defendant

Barbara Wise

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal Against Order Allowing Claim to Proceed Under Section 33 Limitation Act 1980 and Costs Order

Legal Issues

  1. 1 Whether the court should exercise discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed despite being statute barred
  2. 2 Whether the costs order made by Master Cook was appropriate

Ratio Decidendi

The Master properly exercised discretion under section 33 of the Limitation Act 1980, balancing prejudice to both parties and determining that a fair trial was possible despite Mr Mossa's death. The costs order was appropriate given the interconnectedness of the issues and the Claimant's overall success.

Court Disposition

Appeal dismissed

Orders

  • Claim allowed to proceed under section 33 of the Limitation Act 1980
  • Defendant ordered to pay Claimant's costs of the determination of limitation as a preliminary issue