‘Limitation and Exposure to Asbestos: Claimant Did Not Have Actual or Constructive Knowledge and Action Issued Within Time’

“In Balls v Reeve & Anor [2021] EWHC 751 (QB) David Pittaway QC (sitting as a Deputy Judge of the High Court) found that the claimant’s date of knowledge was not more than three years prior to issue. The claimant was employed by the defendant between 1953 and 1983. His case was that he was regularly exposed to asbestos and had contracted asbestosis as a result. The judge was asked to consider: (i) whether the action was statute barred; (ii) if so whether the court should exercise its discretion under S 33 of the Limitation Act 1980; (iii) whether there was exposure in fact …” (more)

[Gordon Exall, Civil Litigation Brief, 26 March]

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