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Ministry of Defence v. AB & Ors, CA, 22/11/10

Description

All But One Lead Personal Injury Claims By Atomic Veterans Were Statute Barred:The Court of Appeal held that all but one lead claims by Atomic Veterans for personal injuries alleged to have been caused by nuclear testing carried out in the Pacific region in the 1960s by the British Government were statute barred. The Court of Appeal held that, save for the one lead claim, the other 9 lead Claimants' date of knowledge for the purposes of s. 11 and s.14 of the Limitation Act 1980 was more than 3 years prior to the issue of proceedings. The Court of Appeal further held that it would that it was inappropriate to exercise the discretion pursuant to s.33 of the Limitation Act 1980, on the primary ground that the claims were so weak in respect of causation.

Specifications

  • Court of Appeal
  • Tuesday, 23 August 2011

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