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TCD v Harrow

[2008] EWHC 3048; LTL 17/12/2008


Although the court's discretion under the Limitation Act 1980 s.33 was unfettered and had to be addressed in the light of all the circumstances, the court should never lose sight of the public interest in legal certainty and finality, especially not out of sympathy for an individual litigant with a strong case on liability and causation.  Where such a claimant had delayed her action for damages for decades, and where there was not a realistic prospect of success, the discretion would not be exercised.