Significant Section 33 Limitation Act 1980 Judgment

SIGNIFICANT SECTION 33 LIMITATION ACT JUDGMENT

In the co-joined appeals of Cain v. Francis; McKay v. Hamlin and Direct Line Insurance [2008] EWCA Civ 1451 the Court of Appeal has ruled that in exercising the discretion under the Limitation Act 1980 s.33 to disapply the time limits for commencing proceedings, the loss to the defendant of a limitation defence was not to be regarded as a head of prejudice. The question to be asked was whether it was fair and just in all the circumstances to expect the defendant to meet the claim on the merits, notwithstanding the delay in commencement. Joseph O’Brien appeared for Shona McKay in successfully arguing that the Judge at first instance had exercised his discretion under section 33 correctly. He was instructed by Kate Virica, Partner, Browell Smith and Co, Sunderland. Direct Line have petitioned the House of Lords for permission to appeal.

2nd February 2009

...back to News & Articles