header-logo header-logo

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

Balancing act

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll