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Practice – Pre-trial or post-judgment relief. The claimant was the wife of the deceased who had died from mesothelioma. The defendant had been a fourth former employer of the deceased. The claimant brought a claim against the defendant in respect of the deceased's death. The defendant resisted the claim on the grounds that it was an abuse of process and/or that it was past its limitation date. The Queen's Bench Division held that it was not an abuse of process and although it was past its limitation date, s 33 of the Limitation Act 1980 applied and the claim against the defendant was to proceed.
Practice – Pre-trial or post-judgment relief. The claimant was the wife of the deceased who had died from mesothelioma. The defendant had been a fourth former employer of the deceased. The claimant brought a claim against the defendant in respect of the deceased's death. The defendant resisted the claim on the grounds that it was an abuse of process and/or that it was past its limitation date. The Queen's Bench Division held that it was not an abuse of process and although it was past its limitation date, s 33 of the Limitation Act 1980 applied and the claim against the defendant was to proceed.
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