Kimathi & Ors v Foreign & Commonwealth Office

Kimathi & Ors v Foreign & Commonwealth Office

The judge's refusal to disapply the Limitation Act was a proper exercise of discretion, as the prejudice to the defendant from the loss of evidence and inability to have a fair trial outweighed any prejudice to the claimant, and no error of law or misdirection was shown.

Parties
Appellants: Kimathi & Ors; Respondent: Foreign & Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Limitation Periods, Disapplication of Limitation, Trespass to the Person, Torture and Abuse Claims, Judicial Discretion, Fair Trial Rights
Limitation Law Tort Law Human Rights Limitation Periods Disapplication of Limitation Trespass to the Person Torture and Abuse Claims Judicial Discretion +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Kimathi & Ors

Appellants

Foreign & Commonwealth Office

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing to disapply the Limitation Act 1980 under section 33 for claims of torture and abuse by TC 34
  2. 2 Whether the judge failed to properly consider reasons for delay, the date when the action should have been brought, the cogency of evidence, and even-handedness in assessing prejudice

Ratio Decidendi

The judge's refusal to disapply the Limitation Act was a proper exercise of discretion, as the prejudice to the defendant from the loss of evidence and inability to have a fair trial outweighed any prejudice to the claimant, and no error of law or misdirection was shown.

Court Disposition

Application for permission to appeal dismissed

Orders

  • The application for permission to appeal by TC34 is dismissed.