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09 December 2010 / Keith Patten
Issue: 7445 / Categories: Features , Personal injury
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Limitation matters

Keith Patten applauds the courts’ efforts to uphold Parliament’s intention for s 33

The cynic who says that lawyers’ primary interest lies in creating work for lawyers might well find comfort in the Limitation Act 1980, s 33. This piece of legislation has entertained the Court of Appeal on over a dozen occasions in the last decade, and once or twice the House of Lords as well. Even when issues seem to have been settled it transpires that they can still raise their heads again, as shown in the recent Court of Appeal decision in the conjoined appeals of Aktas v Adepta: Dixie v British Polythene Industries PLC [2010] EWCA Civ 1170, [2010] All ER (D) 223 (Oct).

For all practical purposes the facts of these two cases were identical. Claimants were pursuing personal injury claims for accidents in respect of which the defendants had admitted liability. Proceedings were issued very close to the expiry of the limitation period and, due to negligence on the part of the claimants’ solicitors, were not served within their four-month

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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