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Kew v Tarmac (Bettamix Ltd & ors) - limitation period in PI cases - CA 14.11.06

Mr Kew sued Tarmac, his employer, for industrial injury (Hand Arm Vibration Syndrome from use of vibrating equipment since around 1970). He was out of time but a County Court judge exercised the discretion given by Limitation Act 1980 s.33 to allow the claim to proceed. Tarmac has failed in its attempt to persuade the Court of Appeal that the action should have been dismissed as statute barred.

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