Burke v Ashe Construction Ltd [2002] EWCA Civ 1913 (16 December 2002)

Burke v Ashe Construction Ltd [2002] EWCA Civ 1913 (16 December 2002)

Permission to appeal is granted as the applicant's argument regarding delay and prejudice to the employer deserves consideration by the full court.

Citation
[2002] EWCA Civ 1913
Parties
Claimant/respondent: Patrick Burke; Defendant/applicant: Ashe Construction Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2002
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Limitation Period, Delay in Litigation, Permission to Appeal
Civil Procedure Limitation Period Delay in Litigation Permission to Appeal

Case Brief

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Parties

Patrick Burke

Claimant/respondent

Ashe Construction Limited

Defendant/applicant

Procedural Posture

Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether permission to appeal should be granted despite claim being issued four years out of time
  2. 2 Appropriateness of pursuing claim against employer versus solicitors responsible for delay

Ratio Decidendi

Permission to appeal is granted as the applicant's argument regarding delay and prejudice to the employer deserves consideration by the full court.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed with a time estimate of one day before three Lord Justices