Ellis v Heart of England NHS Foundation Trust and others

Limitation of action – Court's power to override time limit in personal injury or fatal accident claim. In a clinical negligence claim, although there had been seven months of delay between the expiry of the agreed extension of time for issue of proceedings and the actual date of issue, the third defendant medical practitioner had not been able to identify any prejudice that he had suffered or would suffer in the investigation, preparation or presentation of his defence. Accordingly, the Queen's Bench Division ruled that it was just and equitable, pursuant to s 33 of the Limitation Act 1980, to allow the claimant's claim against the third defendant to proceed.

Category: