Burke v Ashe Construction Ltd. [2003] EWCA Civ 717 (23 May 2003)

Burke v Ashe Construction Ltd. [2003] EWCA Civ 717 (23 May 2003)

The judge's exercise of discretion under s.33 Limitation Act 1980 was not plainly wrong; actual prejudice to the defendant was slight, the claimant was personally blameless for the delay, and a fair trial remained possible. The appeal must be dismissed.

Citation
[2003] EWCA Civ 717
Parties
Appellant: Burke; Respondent: Ashe Construction Ltd
Jurisdiction
England and Wales
Judgment Date
23 May 2003
Procedural Posture
Personal Injury Appeal / Appeal From County Court Decision Under S.33 Limitation Act 1980
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Discretion Under S.33 Limitation Act, Professional Negligence, Safe System of Work
Personal Injury Civil Procedure Limitation of Actions Discretion Under S.33 Limitation Act Professional Negligence Safe System of Work

Case Brief

Summary, issues, holding and outcome

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Parties

Burke

Appellant

Ashe Construction Ltd

Respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court Decision Under S.33 Limitation Act 1980

Legal Issues

  1. 1 Whether the judge erred in exercising discretion under s.33 Limitation Act 1980 to disapply the limitation period
  2. 2 Whether actual prejudice to the defendant from delay justified refusal to extend limitation
  3. 3 Whether claimant's blamelessness for delay outweighed prejudice to defendant

Ratio Decidendi

The judge's exercise of discretion under s.33 Limitation Act 1980 was not plainly wrong; actual prejudice to the defendant was slight, the claimant was personally blameless for the delay, and a fair trial remained possible. The appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal on the standard basis, subject to detailed assessment if not agreed
  • Claim remitted to Slough County Court for case management conference after 1 June 2003 with one hour time estimate