- S33 Discretion refused when Claimant failed to name the Defendant correctly first time around and missed limitation at second set of pleadings.
- Claimant issued proceedings and got to Trial on first set of proceedings against wrongly named Defendant. Those proceedings were unsuccessful so the Claimant issued again - this time getting the correct Defendant but having missed limitation.
- Claimant’s application under S33 of the Limitation Act 1980 to disapply the relevant limitation period was refused.
- The Judge agreed that the delay and prejudice in the case weighed heavily in the Defendant’s favour.
The Perils of Pleadings – Success in opposing a S33 Limitation Act Application
Authors:
LW
Louise Wright
HIGHLIGHT26 August 2021