Horton v Sadler and another [2006] All ER (D) 130

Description

[2006] All ER (D) 130 (Jun)

*Horton v Sadler and another

[2006] UKHL 27

House of Lords

Lord Bingham of Cornhill, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell and Lord Brown of Eaton-under-Heywood

14 June 2006

Judgment

[2006] UKHL 27

HOUSE OF LORDS

14 JUNE 2006

LORD BINGHAM OF CORNHILL, LORD HOFFMANN, LORD RODGER OF EARLSFERRY, LORD CARSWELL and LORD BROWN OF EATON-UNDER-HEYWOOD

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE

LORD BINGHAM OF CORNHILL

My Lords,

1. In Walkley v Precision Forgings Ltd [1979] 1 WLR 606 the House ruled that the court may not exercise its power to disapply the ordinary time limit in a personal injuries action under what is now section 33 of the Limitation Act 1980 where a claimant had issued proceedings in respect of those injuries before the ordinary time limit expired and has brought a second action (in which the application under section 33 is made) after expiry. In this appeal the House is invited by the appellant to depart from that ruling pursuant to the Practice Statement (Judicial Precedent) [1966] 1 WLR 1234. The Motor Insurers’ Bureau (“the MIB”), the only effective respondent, submits that the House should adhere to its decision.