Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
England and Wales decisions
Decisions matching the current search
High Court appeal on section 33 limitation discretion in an asbestos-related death claim was dismissed, with the judge’s decision to allow the claim out of time upheld.
The Court of Appeal held that a former dock worker’s asbestos-related lung cancer claim was time-barred and declined to disapply limitation under section 33.
Court of Appeal upheld refusal to disapply limitation in a personal injury claim, finding no error in the assessment of prejudice, delay, and solicitor-related alternatives.
Sayers v Lord Chelwood (Deceased Executors of) [2012] EWCA Civ 1715 (19 December 2012)
Court of Appeal considered section 33 Limitation Act discretion in a late personal injury claim. It held the judge used the wrong burden, but dismissed the appeal.
EB v Haughton [2011] EWHC 279 (QB) (17 February 2011)
The High Court allowed a historic sexual abuse claim out of time under section 33, found the allegations proved, and awarded damages and interest.
Court of Appeal held that the one-year defamation limitation period should not be disapplied and dismissed Shaun Brady’s appeal.
Brady v Norman [2010] EWHC 1215 (QB) (26 May 2010)
The High Court dismissed an appeal against refusal to disapply the defamation limitation period, holding the master’s decision was within the permissible discretion.
The Court of Appeal refused section 33 relief in a personal injury limitation case, holding that the claimants’ delay caused forensic prejudice to the defendant.
Field v British Coal Corporation [2008] EWCA Civ 912 (31 July 2008)
The Court of Appeal held that a miner’s noise-induced hearing loss claim was not time-barred because he lacked knowledge of a significant injury until 2003.
The High Court disapplied the limitation period under section 33 of the Limitation Act 1980, allowing a sexual assault claim to proceed after a long delay.
Explore more
