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Limitation of Action – Personal injury claim. The claimant had been a dock worker who had come into contact with asbestos. In 2002 he was diagnosed with lung cancer. In 2009 he instructed solicitors who sent letters before action and, in 2012, issued proceedings seeking damages for personal injury. His claim was dismissed as being outside the limitation period, with the judge refusing to exercise his discretion under s 33(3) of the Limitation Act 1980 to disapply the provisions of s 11. The Court of Appeal, Civil Division, upheld the decision as having been correctly made and, in the light of established authorities, gave the true construction of s 33(3) of the Act.
Limitation of Action – Personal injury claim. The claimant had been a dock worker who had come into contact with asbestos. In 2002 he was diagnosed with lung cancer. In 2009 he instructed solicitors who sent letters before action and, in 2012, issued proceedings seeking damages for personal injury. His claim was dismissed as being outside the limitation period, with the judge refusing to exercise his discretion under s 33(3) of the Limitation Act 1980 to disapply the provisions of s 11. The Court of Appeal, Civil Division, upheld the decision as having been correctly made and, in the light of established authorities, gave the true construction of s 33(3) of the Act.
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