July
Articles matching "limitation"
S.33 Limitation Act: incorrect approach to discretion in noise induced hearing loss claim
In the recent case of Malone v Relyon Heating Engineering Limited (2014), a noise induced hearing loss claim, the Court of Appeal dismissed the claimant’s claim and provided helpful guidance on the…
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Disease: Court of Appeal considers constructive knowledge and section 33 discretion
Patrick McBrien reviews this Court of Appeal judgment which clarifies the definition of constructive knowledge and the court’s section 33 discretion in a disease context. The claimant who in 2002 was…
Read moreRecent developments in the law of limitation in disease claims
Patrick McBrien reviews developments in the law of limitation, in relation to disease cases. He considers two recent decisions of the High Court, together with a number of recent cases which DWF and…
Read moreAsbestos limitation: s.33 Limitation Act 1980 – constructive knowledge
This is a useful case for disease practitioners when considering the issue of limitation in a disease context, both from the point of view of the definition of "knowledge" for the purposes of Sections…
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