HMG3 Ltd & Anor v Dunn [2019] EWHC 882 (QB) (09 April 2019)

HMG3 Ltd & Anor v Dunn [2019] EWHC 882 (QB) (09 April 2019)

The judge's findings that delay was excusable and defendants' position was not materially worsened since 2008 were properly open to him; no material error or unsound foundation in exercise of discretion under s.33; appeal dismissed.

Source-derived case information.

Citation
[2019] EWHC 882 (QB)
Parties
Defendant/appellant: HMG3 LTD; Defendant/appellant: Z D Berry & Sons Limited; Claimant/respondent: Suzanne Dunn (Executrix of the Estate of George Dunn, Deceased)
Jurisdiction
England and Wales
Judgment Date
09 April 2019
Procedural Posture
Appeal / Judgment on Appeal Against Exercise of Discretion Under S.33 Limitation Act 1980
Outcome
Appeal dismissed
Legal Topics
Limitation Period, Discretion Under S.33 Limitation Act 1980, Fatal Accidents Act 1976, Law Reform (miscellaneous Provisions) Act 1934, Industrial Disease, Asbestosis
Personal Injury Limitation Limitation Period Discretion Under S.33 Limitation Act 1980 Fatal Accidents Act 1976 Law Reform (miscellaneous Provisions) Act 1934 Industrial Disease Asbestosis

Source-derived case record

Summary, issues, holding and outcome

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Parties

HMG3 LTD

Defendant/appellant

Z D Berry & Sons Limited

Defendant/appellant

Suzanne Dunn (Executrix of the Estate of George Dunn, Deceased)

Claimant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Exercise of Discretion Under S.33 Limitation Act 1980

Legal Issues

  1. 1 Whether the judge properly exercised discretion under s.33 Limitation Act 1980 to allow claim out of time
  2. 2 Whether delay in bringing claim was excusable
  3. 3 Whether defendants suffered additional prejudice due to delay

Ratio Decidendi

The judge's findings that delay was excusable and defendants' position was not materially worsened since 2008 were properly open to him; no material error or unsound foundation in exercise of discretion under s.33; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claim permitted to proceed out of time under s.33 Limitation Act 1980