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Liability Risk and Insurance

Disapplying the time limit

The court had a wide and unfettered discretion under section 33 of the Limitation Act 1980 to disapply the time limit under section 11 in a personal injury action where it appeared equitable to do so: in exercising its power the court was not subject to a technical rule that where a claimant had issued his first action within the limitation period he was unable to invoke section 33 in respect of a second action brought after expiry of the time limit.

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