Burke v Ashe Construction Ltd.

Burke v Ashe Construction Ltd.

The judge's decision to disapply the limitation period was not plainly wrong, as the claimant was personally blameless, the prejudice to the defendant was slight and only potential, and a fair trial remained possible. The judge considered all statutory and relevant factors, and the appellate court should not interfere with his discretion.

Parties
Appellant: Burke; Respondent: Ashe Construction Ltd
Jurisdiction
England and Wales
Judgment Date
23 May 2003
Procedural Posture
Civil Appeal / Appeal From Order Disapplying Limitation Period Under S.33 Limitation Act 1980
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Discretion to Disapply Limitation, Accident at Work, Professional Negligence
Civil Procedure Personal Injury Employment Law Limitation of Actions Discretion to Disapply Limitation Accident at Work Professional Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Burke

Appellant

Ashe Construction Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Order Disapplying Limitation Period 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 for a personal injury claim issued seven years after the accident
  2. 2 Whether the delay caused actual prejudice to the defendant sufficient to bar the claim

Ratio Decidendi

The judge's decision to disapply the limitation period was not plainly wrong, as the claimant was personally blameless, the prejudice to the defendant was slight and only potential, and a fair trial remained possible. The judge considered all statutory and relevant factors, and the appellate court should not interfere with his discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs of the appeal on the standard basis, subject to detailed assessment if not agreed