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Success for David Platt KC and Farrah Mauladad before the Court of Appeal in Davidson v Aegis

David Platt KC and Farrah Mauladad appeared for the successful Respondents in Davidson v (1) Aegis Defence Services (BVI) Limited (2) Aegis Defence Services Limited [2013] EWCA Civ 1586. The Appellant’s first claim for personal injuries as a result of an injury sustained in Iraq whilst engaged by the Defendants was struck out for failure to serve a sealed copy of the claim form (a photocopy was served). A second claim was issued outside the primary limitation period. Mr Nigel Wilkinson KC, sitting as a Deputy High Court Judge, refused the Appellant’s application to extend time pursuant to section 33 of the Limitation Act 1980. In upholding the first instance decision Longmore LJ (with whom Vos LJ and McFarlane LJ agreed) held that: i) there was no conflict between the cases of McDonnell v Walker [2009] EWCA Civ 1257 and Aktas v Adepta [2011] QB 894 [2010]; ii) a claimant’s claim against a negligent solicitor is something that a judge can, and usually should, take into account under section 33(3); iii) Smith LJ’s guidance in Cain v Francis [2009] QB 754 (paragraph 73) will almost always be of most use to first instance judges who are asked to disapply the three year time limit in personal injury cases; and iv) it is a matter of common sense that memories become less and less reliable the staler a claim becomes and this is a factor that ought to be taken into account when considering prejudice under section 33(3).

David Platt KC and Farrah Mauladad were instructed by Kennedys Law LLP.

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