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PI Brief Update

Extending Limitation and the Mau Mau Cases - Victoria Beel, Pannone

12/12/12. The right to Justice is a fundamental human right to which it is arguable every person should be entitled irrespective of the lapse of time; but the law is often required to resolve the competing rights of each side in deciding whether a fair trial can be achieved when time has eroded vital evidence. In Civil cases when does the competing right of a potential Claimant outweigh those of a Defendant? Are the courts exhibiting a continuing trend in extending the circumstances in which a case may be brought outside of the primary limitation period?

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.