This site uses cookies.

PI Brief Update

Limitation, Discretion and the Burden of Proof - Andrew Roy, 12 King’s Bench Walk

05/06/13. Case Comment: Sayers v Chelwood (Deceased) and Chelwood [2012] EWCA Civ 1715; [2013] 2 All E.R. 232; [2013] P.I.Q.R. P8. This case helpfully provides a final answer to the question whether a Claimant seeking under s33 Limitation Act 1980 to disapply the s11 statute bar should face a very heavy burden in doing so. The answer, in short is, no.

Facts

From 1981 the claimant had worked for the defendants, Lord and Lady Chelwood, as a gardener with responsibility for maintaining a large garden and forest. This entailed the use of noisy equipment...

Image ©iStockphoto.com/Lya_Cattel

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

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.

Privacy Policy                 Legal Resources

© Copyright Law Brief Publishing Ltd, all rights reserved.
Published by Law Brief Publishing Ltd, company number 05966609, registered in the UK. Registered office address: 30 The Parks, Minehead, Somerset, TA24 8BT.

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

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.