Time Limits Matter – Late Second Claim Abusive And Not Allowed To Proceed

Jasmine Murphy (instructed for the Defendant by Mark Woodall at Horwich Cohen Coghlan) successfully argued that a second action brought 19 months post-expiry of the limitation period should not be allowed to proceed under the discretion in s.33 Limitation Act 1980 and was an abuse of process.

The Claimant alleged that she was a passenger in a car which collided with a vehicle on a roundabout in May 2016 causing her a shoulder injury.  The registration of the other vehicle came back to a foreign registered HGV.  Liability was disputed on the basis that the HGV was not in the area where the accident happened on that date. However the HGV's UK agents agreed to deal with the claim “without prejudice” and invited the Claimant to provide details of her losses and medical evidence.