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15 January 2009
Issue: 7352 / Categories: Features , Local government , Public
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Law digest: Legal profession

D v Harrow Council [2008] EWHC 3048, [2008] All ER (D) 103 (Dec)
 

Although the discretion under s 33 of the Limitation Act 1980 is unfettered, and must be addressed in the light of all the individual circumstances of the case, the court should never lose sight of the public policy considerations underlying the legislative regime governing limitation periods.

Public authorities, as well as commercial entities and individuals, should not remain exposed indefinitely to the threat of litigation based upon historic allegations. Fairness requires a balancing of all relevant factors and their interests have to be taken into account. There is a public interest in certainty and finality and such considerations must not be lightly discounted, especially not on the basis of sympathy for an individual litigant, even where there is, or might be, a strong case on liability and causation.

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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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