Andrew Lunt v BAC Impalloy Ltd

Andrew Lunt v BAC Impalloy Ltd

The claim was statute-barred as the claimant had knowledge of his injury by August 2012, but it was equitable to disapply the limitation period under section 33 of the Limitation Act 1980. The claimant established, on the balance of probabilities, that he suffers from HAVS caused by excessive exposure to vibration due to the defendant's breach of duty. Damages were awarded for pain, suffering, loss of amenity, and future care.

Parties
Claimant: Mr Andrew Lunt; Defendant: BAC Impalloy Ltd
Jurisdiction
England and Wales
Judgment Date
08 December 2025
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
Claim allowed; limitation period disapplied under section 33 Limitation Act 1980; damages awarded.
Legal Topics
Limitation of Actions, Personal Injury, Employer's Liability, Occupational Disease, Hand Arm Vibration Syndrome (havs)
Tort Employment Law Limitation of Actions Personal Injury Employer's Liability Occupational Disease Hand Arm Vibration Syndrome (havs)

Case Brief

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Parties

Mr Andrew Lunt

Claimant

BAC Impalloy Ltd

Defendant

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1980
  2. 2 Whether the court should exercise discretion to disapply the limitation period under section 33 of the Limitation Act 1980
  3. 3 Whether the claimant's condition (HAVS) was caused by the defendant's breach of duty

Ratio Decidendi

The claim was statute-barred as the claimant had knowledge of his injury by August 2012, but it was equitable to disapply the limitation period under section 33 of the Limitation Act 1980. The claimant established, on the balance of probabilities, that he suffers from HAVS caused by excessive exposure to vibration due to the defendant's breach of duty. Damages were awarded for pain, suffering, loss of amenity, and future care.

Court Disposition

Claim allowed; limitation period disapplied under section 33 Limitation Act 1980; damages awarded.

Orders

  • Limitation period under section 11 Limitation Act 1980 disapplied under section 33.
  • Judgment for the claimant for £30,000 for pain, suffering and loss of amenity.