Where a claimant in a personal injury action had initially issued proceedings before the time limit had expired and had brought a second action in respect of the same injuries after expiry, the court could use its discretion under the Limitation Act 1980 s.33 to dis-apply the three-year time limit. The decision in Walkley v Precision Forgings Limited (1979) 1 WLR 606 was overruled, as it had deprived claimants of a right that Parliament had intended them to have, and had given rise to much unsat ...
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Costs and Human Rights: The scheme allowing success fees to be recovered from the losing party to an action for defamation was compatible withArt.10 of the European Convention on Human Rights 1950, therefore a defendant could not argue that the threat of liability to pay a large sum by way of costs infringed its right to freedom of expression.
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