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Limitation Issue in PI Case


 
 Power to Override Limitation Period in PI Case
Horton v Sadler and another [2006] UKHL 27
HL14 June 2006
Daily Law Notes Report Summary
The court had a wide and unfettered discretion under s 33 of the
Limitation Act 1980 to disapply the time limit under s 11 in a
personal injury action where it appeared equitable to do so: in
exercising its power the court was not subject to a technical rule
that where a claimant had issued his first action within the
limitation period he was unable to invoke s 33 in respect of a
second action brought after expiry of the time limit.
 
 

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