This case concerned an appeal of the first instance decision
which extended limitation under s.33 of the Limitation Act,
allowing the Claimant's claim to proceed out of time. The case
serves as a useful example of the issues that will be taken into
account when determining whether to extend limitation.
Background
On 22/03/2012, Mr George Dunn, died from bronchopneumonia,
having contracted asbestosis. It was alleged that this was caused
through his employment with the Defendants.
The deceased's widow issued a claim under the Law Reform
(Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act
1976 on 15/03/2015 (within three years of the death). However, the
Defendants argued that limitation had expired in October 2011 as
the deceased had knowledge in October 2008 and as such the claim
could not proceed unless the court agreed to extend limitation.
