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15 January 2009
Issue: 7352 / Categories: Features , Limitation
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Law digest: Limitation/personal injury

Cain v Francis, McKay v Hamlani [2008] EWCA Civ 1451, [2008] All ER (D) 201 (Dec)

In a case where the defendant has had early notice of the claim, the accrual of a limitation defence should be regarded as a windfall and the prospect of its loss, by the exercise of the discretion under s 33 of the Limitation Act 1980, should be regarded as either no prejudice at all or only a slight degree of prejudice. Under s 33, the basic question is whether or not it is fair and just in all the circumstances to expect the defendant to meet the claim on the merits, despite the delay in commencement: to what extent has the defendant been disadvantaged in his investigation of the claim and/or the assembly of evidence, in respect of the issues of both liability and quantum?

It will also be important to consider the reasons for the delay. Although the delay referred to in s 33(3) is the delay after the expiry of the primary limitation period, it will always be

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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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