Malone v Reylon Heating Engineering Ltd

Limitation of action – Extension of time limit. The claimant had been employed by the defendant until 2004. He had developed hearing problems in 2001. In 2009, he issued proceedings seeking damages for noise-induced hearing loss caused by his employment. The judge found that the primary limitation period had expired in 2004 and exercised her discretion under s 33 of the Limitation Act 1980 to allow the claim to proceed out of time. The Court of Appeal, Civil Division, held that the judge had erred in not having identified the periods of delay both before and after 2001. Her decision was set aside. In re-exercising the discretion, the court determined that it would not be equitable to allow the claim to proceed in respect of either period of claim.

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