Collins v Secretary of State for Business Innovation and Skills [2013] EWHC 1117 (QB) (02 May 2013)

Collins v Secretary of State for Business Innovation and Skills [2013] EWHC 1117 (QB) (02 May 2013)

The claimant had constructive knowledge by mid-2003 that his lung cancer might be attributable to asbestos exposure; the claim was issued more than three years later; the balance of prejudice did not justify exercising discretion under s.33 to allow the claim to proceed out of time.

Citation
[2013] EWHC 1117
Parties
Claimant: George Collins; 1st Defendant: Secretary of State for Business Innovation and Skills; 2nd Defendant: Stena Line Irish Sea Ferries Ltd
Jurisdiction
England and Wales
Judgment Date
02 May 2013
Procedural Posture
Personal Injury Negligence Claim / Preliminary Issue Trial on Limitation
Outcome
Claim dismissed as statute-barred.
Legal Topics
Limitation Period, Constructive Knowledge, Section 33 Limitation Act 1980, Asbestos Exposure, Industrial Disease
Tort Personal Injury Limitation Limitation Period Constructive Knowledge Section 33 Limitation Act 1980 Asbestos Exposure Industrial Disease

Case Brief

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Parties

George Collins

Claimant

Secretary of State for Business Innovation and Skills

1st Defendant

Stena Line Irish Sea Ferries Ltd

2nd Defendant

Procedural Posture

Personal Injury Negligence Claim / Preliminary Issue Trial on Limitation

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1980
  2. 2 When the claimant had actual or constructive knowledge for limitation purposes
  3. 3 Whether the court should exercise discretion under s.33 Limitation Act 1980 to allow the claim to proceed out of time

Ratio Decidendi

The claimant had constructive knowledge by mid-2003 that his lung cancer might be attributable to asbestos exposure; the claim was issued more than three years later; the balance of prejudice did not justify exercising discretion under s.33 to allow the claim to proceed out of time.

Court Disposition

Claim dismissed as statute-barred.

Orders

  • Action dismissed under Limitation Act 1980; limitation defence succeeds.