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One for the record books?

13 January 2012 / Dominic Regan
Issue: 7496 / Categories: Opinion , Legal services , Profession , Damages , Personal injury , Limitation
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Dominic Regan predicts good times ahead for UK litigators

For litigators, 2012 will be the year of the century. The Legal Aid and Punishment of Offenders Bill will receive Royal Assent, paving the way for seismic changes which will affect all civil claims in some way. My next article will mull over those reforms.

Almighty case

Here, I want to identify some of the big cases coming. In March or April we are likely to see the Supreme Court decision in Ministry of Defence v AB and others. Injury lawyers will be captivated by the decision of the seven who heard the appeal. A group of 1,011 claimants seek damages for exposure to ionising radiation as a result of exposure to nuclear tests undertaken during the 1950s in the Pacific Ocean.

Two almighty points are to be decided. What is the correct test for identifying the date of knowledge and how is the discretion under s 33 of the Limitation Act 1980 to be properly exercised?

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