• 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.