header-logo header-logo

Balancing act

21 January 2010 / Keith Patten
Issue: 7401 / Categories: Features , Personal injury
printer mail-detail

Keith Patten on the trials of discretion

If there is one thing which seems destined to keep the higher courts in regular employment it is discretion to extend the limitation period in personal injury cases, granted by the Limitation Act 1980, s 33.

As this is a discretionary jurisdiction it might be thought that the Court of Appeal would be reluctant to interfere with the decisions of trial judges, but that does not seem to be the case. If they were interfering in order to impose consistency and predictability that may be understandable.

But the interventions of the Court of Appeal seem to offer little to aid predictability.

Towards the end of 2008 there seemed to be an attempt to impose some sense of order and rationality on one narrow but important area of this jurisdiction. But, as so often in this sphere, 2009 suggests it was one step forward, two steps back.

McDonnell v Walker

In McDonnell v Walker [2009] EWCA Civ 1257 the claimants were involved in a road traffic accident. A claim

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll