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13 June 2014
Issue: 7610 / Categories: Case law , Law digest , In Court
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Limitation of action

Collins v Secretary of State for Business Innovation and Skills and another [2014] EWCA Civ 717, [2014] All ER (D) 44 (Jun)

Sections 11 to 14 of the Limitation Act 1980 struck a balance between the interests of: (i) persons who, having suffered latent injuries, sought compensation late in the day; and (ii) tortfeasors who, despite their wrongdoings, ultimately needed closure. Parliament had struck that balance by means of an objective test. 

In the light of the established authorities, s 33(3) of the Act was to be construed in the following manner. First, the period of time which elapsed between a tortfeasor’s breach of duty and the commencement of the limitation period had to be part of “the circumstances of the case” within the meaning of s 33(3). Second, the primary factors to which the court had to have regard were those set out in s 33(3)(a) to (f). Third, although the court would have regard to time elapsed before the claimant’s date of knowledge, the court would accord less weight to that factor. It would treat pre-limitation period effluxion of time as merely one of

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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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