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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll