Sayers v Lord Chelwood (Deceased Executors of)

Sayers v Lord Chelwood (Deceased Executors of)

The judge applied the wrong test by stating the claimant had a 'particularly heavy burden' under section 33, but upon re-exercising discretion, the Court of Appeal finds the claimant cannot discharge the burden in the circumstances; the prejudice to the defendants outweighs the prejudice to the claimant, and the action should not proceed out of time.

Parties
Appellant: Clifford Sayers; First Respondent: Executors of Lord Chelwood (Deceased); Second Respondent: Lady Chelwood
Jurisdiction
England and Wales
Judgment Date
19 December 2012
Procedural Posture
Personal Injury Action / Appeal From County Court Judgment to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Personal Injury, Discretion Under Limitation Act, Burden of Proof
Tort Civil Procedure Limitation of Actions Personal Injury Discretion Under Limitation Act Burden of Proof

Case Brief

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Parties

Clifford Sayers

Appellant

Executors of Lord Chelwood (Deceased)

First Respondent

Lady Chelwood

Second Respondent

Procedural Posture

Personal Injury Action / Appeal From County Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in failing to exercise discretion under section 33 of the Limitation Act 1980 in favour of the claimant
  2. 2 Whether the judge applied the correct legal test regarding the burden under section 33

Ratio Decidendi

The judge applied the wrong test by stating the claimant had a 'particularly heavy burden' under section 33, but upon re-exercising discretion, the Court of Appeal finds the claimant cannot discharge the burden in the circumstances; the prejudice to the defendants outweighs the prejudice to the claimant, and the action should not proceed out of time.

Court Disposition

Appeal dismissed

Orders

  • Claimant's action dismissed
  • Judge's order upheld