APPEAL JUDGE OVERTURNS REFUSAL TO EXERCISE SECTION 33 DISCRETION: DELAY AND PREJUDICE HIGHLY RELEVANT FACTORS

In Gregory v H J Haynes Ltd [2020] EWHC 911 (Ch) Mr Justice Mann overturned a judge's decision not to exercise their discretion under Section 33 of the Limitation Act 1980.  The claimant had been guilty of culpable delay but that delay had not affected the possibility of a fair trial.

"If there had...