Limitation: section 11 and section 33 Limitation Act 1980
” the claimant is prejudiced by the provisions of section 11 which, unless I were to exercise my discretion under section 33, prevent her bringing her claim against Medway. I also find that, were I to make a section 33 order, it would prejudice the defendant because it would have to respond to a claim which, but for the order, it would not have to face because it is time-barred. The burden is on the claimant to show that it is equitable for me to make the order where she has failed to commence her proceedings against Medway in time. I have to consider the degree of prejudice to either side and I must have regard to all the circumstances in particular those listed in subsection (3) which are relevant…
In my judgment, having had regard to all the circumstances and, in particular, those listed in section 33 (3), it is equitable to allow this action to proceed by directing that section 11 of the Limitation Act 1980 shall not apply to this claim brought against Medway…” (paragraphs 150 and 154)
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