Case Report: Sayers v Chelwood & anor [2012] EWCA Civ 1715

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | March 2013 #113
Limitation; discretion; burden of proof It should not be necessary for judges in the county court to engage in textual analysis of a series of appellate decisions in order to discern whether a claimant relying on s33 had a ‘burden’ or a ‘heavy burden’ to discharge. This case helpfully provides a final answer to the …

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Burden Of Proof: Pleading limitation

Ropewalk Chambers | Personal Injury Law Journal | April 2012 #104
Philip Turton provides practical advice for claimants and defendants ‘In a case where the claimant has not issued proceedings in time, an appropriate paragraph in the defence identifying that fact, and pleading expressly that the claim is statute-barred by s11(4) of the Limitation Act 1980, should be enough to “get the ball into play”.’The expiry …

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