header-logo header-logo

09 December 2010 / Keith Patten
Issue: 7445 / Categories: Features , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll