Time to strike out

Insurers are right to be nervous about a court’s power to disapply the time bar in personal injury cases. This article looks at cases where negligence or other liability is admitted before the case gets under way but the claimant starts proceedings out of time. Should the defendant ask the court to strike out the claim, or would it be wiser to save themselves the costs of such an application, given the court’s discretionary power to disapply the time bar under the Limitation Act 1980?