Duty of care :: Occupiers liability :: Reinstatement of claims :: Employers’ liability :: Contributory negligence :: Fatal Accidents Act :: Asbestos :: Limitation :: Daniel Easton and Saira Habib report

In Horton v Sadler [2006] UKHL 27, the House of Lords took the unusual step of overruling its own previous decision in Walkley v Precision Forgings Ltd [1979] 1 WLR 606.

In Walkley, it was held that where a claimant had commenced a claim within the primary limitation period and that claim had subsequently floundered for procedural reasons, the claimant could not bring a second claim relying on the discretion granted to the court under what is now s 33 of the Limitation Act 1980.

In the view of the court, the decision in Walkley had created artificial distinctions in subsequent case-law between claims that were issued within the primary limitation period and cases where no proceedings had b...

Jean Yves

IICJ

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