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15 January 2009
Issue: 7352 / Categories: Features , Local government , Public
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Law digest: Legal profession

D v Harrow Council [2008] EWHC 3048, [2008] All ER (D) 103 (Dec)
 

Although the discretion under s 33 of the Limitation Act 1980 is unfettered, and must be addressed in the light of all the individual circumstances of the case, the court should never lose sight of the public policy considerations underlying the legislative regime governing limitation periods.

Public authorities, as well as commercial entities and individuals, should not remain exposed indefinitely to the threat of litigation based upon historic allegations. Fairness requires a balancing of all relevant factors and their interests have to be taken into account. There is a public interest in certainty and finality and such considerations must not be lightly discounted, especially not on the basis of sympathy for an individual litigant, even where there is, or might be, a strong case on liability and causation.

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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