The issue of limitation periods – the period of time within which a party to a legal action must bring a claim – has been recently addressed in the case of Collins v Secretary of State for Business Innovation and Skills .
Mr Collins, the claimant, worked as a dock-worker between 1947 and 1967 during which time he was exposed to asbestos. He was diagnosed with lung cancer in 2002 but only got in touch with solicitors in 2009.
At first instance the claim was held to be time barred under the Limitation Act 1980. The Court of Appeal was asked to consider whether the lower court had correctly concluded the issue of the timing of the Claimant’s constructive knowledge and whether the court had erred in exercising its discretion by not extending the limitation period.