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England and Wales decisions
Decisions matching the current search
The EAT dismissed an appeal against refusal to extend time for a victimisation claim, holding the tribunal lawfully weighed delay, evidential prejudice and reputational risk.
The Employment Appeal Tribunal held that the tribunal wrongly extended time for an age discrimination claim without properly weighing delay and forensic prejudice.
The Employment Appeal Tribunal held that a just and equitable extension of time was not barred simply because no explanation for delay was shown, but it allowed the appeal on forensic prejudice.
High Court appeal on section 33 limitation discretion in a clinical negligence claim. The appeal was dismissed, with the judge below upheld on prejudice and balancing.
Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) (10 December 2020)
High Court appeal on section 33 limitation discretion in a clinical negligence claim dismissed; the judge was entitled to permit the out-of-time negligence claim.
Cairns -Jones & Ors v Tyler & Anor [2010] EWCA Civ 1642 (25 November 2010)
Appeal against refusal to extend time for out-of-time personal injury claims under section 33 of the Limitation Act 1980 was dismissed.
The Court of Appeal upheld a refusal to extend limitation time for out-of-time personal injury claims arising from vibration exposure in upholstery work.
McDonnell & Anor v Walker & Anor [2009] EWCA Civ 1257 (24 November 2009)
Court of Appeal refused to disapply the limitation period in a personal injury case, finding the claimants’ long delay caused real forensic prejudice to the defendant.
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.
The Court of Appeal considered section 33 of the Limitation Act 1980 in two personal injury appeals and held that a lost limitation defence is not, by itself, relevant prejudice.
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