Nugent and another v Willers

Practice – Limitation of action. The defendants' further appeal against the decision of the High Court of the Isle of Man (Staff of Government Division) to dismiss their appeal against the decision of the court to allow the claimant's claim to proceed under s 30A of the Isle of Man Limitation Act 1984, was dismissed. The Privy Council found that the courts were entitled to consider all the circumstances of the case and to treat some periods of delay as more relevant than others when considering the effect of the unavailability of evidence on the balance of prejudice between the parties for the purposes of s 30A.

Category: