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Articles matching "s.33 discretion"
The Court of Appeal has recently handed down a judgment on the issue of limitation in an abuse claim. Whilst not a new issue, it is one that is likely to become increasingly relevant at a time when…Read more
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…Read more
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 more
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 more
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…Read more