Legacy Claims: High Court Overturns First Instance Decision Refusing To Extend Limitation

Addressing the key issues relating to the disapplication of the Limitation Act, Mr Justice Mann held that the delay was excusable in the circumstances, and that a fair trial was still possible, although it was very close to the point at which it would be unfair to a defendant to extend the period.

Background

The Claimant was employed as a roofer by the defendant, claiming to have been exposed to asbestos dust during his employment. The Claimant now suffers from pleural thickening and respiratory disability and is at risk of mesothelioma and asbestosis.