HMG3 Ltd and another company v Dunn (executrix of the estate of George Dunn, deceased)

Limitation of Action – Personal injury claim. The appellants appealed against a judge's decision, exercising his discretion under s 33 of the Limitation Act 1980 to permit a claim to proceed out of time. The respondent brought the claim under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976, following the death of her husband, who had contracted asbestosis, allegedly in the course of his employment with the appellants. The Queen's Bench Division held that the judge had not erred in his conclusions and that, having found that the delay on the respondent's side after the date of knowledge had not affected the strength of the appellants' defence, and that the delay was excusable, it could not realistically be argued that the judge had been wrong to conclude that it was equitable to allow the action to proceed.

Category: