Ellam v Ellam

Limitation of action – Extension of time limit. The claimant claimed damages for personal injury alleged to have been inflicted upon her as a result of sexual abuse committed against her by the defendant, from about 1974 and 1982. In 2013, at a trial of preliminary issues, the judge dismissed the action, having refused to exercise the court's discretion, under s 33 of the Limitation Act 1980, to order that the provisions of s 11 of the Act should not apply. The Court of Appeal, Civil Division, dismissed the claimant's appeal. It held that the judge had not erred in law and he had been entitled to reach the overall conclusion that he had in deciding whether to exercise the discretion.

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