Limitation; Calibrating Pre-Knowledge Prejudice - Andrew Roy, 12 Kings Bench Walk
04/07/14. Collins v (1) Secretary of State for Business Innovation and Skills (2) Stena Line Irish Sea Ferries Ltd [2014] EWCA Civ 717. The time limit for bringing a claim for personal injury is three years from when the cause of action accrues (s11 Limitation Act 1980) or, if later, from when the claimant possessed relevant knowledge (s14 Limitation Act 1980). There remains however a discretion under s33 Limitation Act 1980 to disapply the time bar if it is equitable to do having regard to the prejudice to the claimant if barred from bringing the claim and the prejudice to the defendant in having to meet the late claim.
The key consideration under s33 will in most cases be the extent to which the lateness of the claim has caused the defendant forensic prejudice; Cain v Francis [2008] EWCA Civ 1451; [2009] Q.B. 754.
The issue the Court sought to clarify in this case is whether and to what extent a defendant can rely against a claimant for s33 uponprejudice which accrued before the claimant possessed the relevant knowledge so as to start time running. In other words, does the Court consider only the prejudice arising from culpable delay, or the prejudice arising from...
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