Disapplying three year primary limitation period

A judge exercising his discretion under section 33 of the Limitation Act 1980 to disapply the three-year primary limitation period in personal accident cases would consider whether it was just and reasonable in all the circumstances to expect the defendant to meet this claim on the merits, notwithstanding delay in commencement of proceedings. It would always be relevant to consider when the defendant knew that a claim was to be made against him and the opportunities he had had to investigate the claim and collect evidence. In fairness and justice, the defendant ought to pay the damages if, having had a fair opportunity to defend himself, he was found liable.