Kimathi & Ors v Foreign & Commonwealth Office

Kimathi & Ors v Foreign & Commonwealth Office

It would not be just or consistent with the overriding objective to try section 33 Limitation Act 1980 as a preliminary issue due to risks of delay, prejudice to elderly witnesses, and potential for appeals causing further delay; however, issues relating to pre-1954 time bar, sections 11, 14, and 32 Limitation Act 1980 should be tried as preliminary issues after test Claimants' evidence.

Parties
Claimant: Eloise Mukami Kimathi & Ors; Defendant: Foreign & Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
18 March 2016
Procedural Posture
Group Litigation / Ruling on Application for Preliminary Issues
Outcome
Application for section 33 preliminary issue refused; other limitation issues to be tried preliminarily.
Legal Topics
Preliminary Issues, Limitation Act 1980, Double Actionability, Deliberate Concealment, Section 33 Discretion
Civil Procedure Personal Injury Limitation Preliminary Issues Limitation Act 1980 Double Actionability Deliberate Concealment Section 33 Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Eloise Mukami Kimathi & Ors

Claimant

Foreign & Commonwealth Office

Defendant

Procedural Posture

Group Litigation / Ruling on Application for Preliminary Issues

Legal Issues

  1. 1 Whether limitation and double actionability should be determined as preliminary issues
  2. 2 Whether section 33 Limitation Act 1980 should be tried as a preliminary issue

Ratio Decidendi

It would not be just or consistent with the overriding objective to try section 33 Limitation Act 1980 as a preliminary issue due to risks of delay, prejudice to elderly witnesses, and potential for appeals causing further delay; however, issues relating to pre-1954 time bar, sections 11, 14, and 32 Limitation Act 1980 should be tried as preliminary issues after test Claimants' evidence.

Court Disposition

Application for section 33 preliminary issue refused; other limitation issues to be tried preliminarily.

Orders

  • Issues relating to pre-1954 time bar, section 11, section 14, and section 32 Limitation Act 1980 to be tried as preliminary issues after test Claimants' evidence.
  • Application for section 33 Limitation Act 1980 preliminary issue to be tried as a preliminary issue refused.