Thompson -vs- Brown Case

A few facts can be of use for the following up of the claims which are listed below:

1. The Court is reasonable and disapply the limitation period where it is equitable to do so.

2. The onus of showing that it is equitable to do so is on the Claimant. The Court must take account of all the circumstances pursuant to Section 33(3) of the Limitation Act 1980.

3. The Court will generally consider that if limitation is not applied than what the Claimant will lose will depend on the strength and value of his/her case.

4. If the limitation provision is dis applied than the quantum defendant loses depends on the strength of the case against it and the value of that case.

v. Finally, the Court should question whether or not there can be a fair trial.