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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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