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13 June 2014
Issue: 7610 / Categories: Case law , Law digest , In Court
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Limitation of action

Collins v Secretary of State for Business Innovation and Skills and another [2014] EWCA Civ 717, [2014] All ER (D) 44 (Jun)

Sections 11 to 14 of the Limitation Act 1980 struck a balance between the interests of: (i) persons who, having suffered latent injuries, sought compensation late in the day; and (ii) tortfeasors who, despite their wrongdoings, ultimately needed closure. Parliament had struck that balance by means of an objective test. 

In the light of the established authorities, s 33(3) of the Act was to be construed in the following manner. First, the period of time which elapsed between a tortfeasor’s breach of duty and the commencement of the limitation period had to be part of “the circumstances of the case” within the meaning of s 33(3). Second, the primary factors to which the court had to have regard were those set out in s 33(3)(a) to (f). Third, although the court would have regard to time elapsed before the claimant’s date of knowledge, the court would accord less weight to that factor. It would

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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