PLANNING AND RESPONSE POWER , DISCRETION OR DUTY规划与响应能力，自由裁量权或职责.ppt

Fisher Scoggins LLP Long tail, long term, long stop Developments and trends in limitation A Lawyer’s View By Mark Scoggins Queens’ College Cambridge 5 September 2002 Legal Anniversaries 3rd-5th September Clay County Missouri 1912 London 1920 San Francisco London 1967 Sweden 16 July 2002 Government announces acceptance of Law Commission Report 270 The future – new model, old clothes 3-year “knowledge” period Discretion to disapply 10-year long-stop (but not for injury/fatal claims) Worth waiting for or no real change for PI? Legislation “when time permits” i.e. no time soon “It is correct that the judge … did not consider the appellant to have been blameworthy. Far from being an irrelevant consideration, it seems to us that this must be one of the matters to which the judge has to have regard … when considering the reasons for the delay which she had identified on the part of the appellant. This argument comes ill in any event from the respondents, who had full knowledge of the connection between VWF and vibrating machines for some years, but withheld that knowledge from employees such as the appellant.” Candour – liability and limitation rolled up? Allen v BR Engineering [2001] EWCA Civ 400 Schiemann LJ @ para 45 “Parliament repeatedly chose to amend the 1980 [Limitation] Act so as to exclude the 10 year long-stop [under the Product Liability Directive] from the operation of certain provisions. Sections 28, 32 and 33 were all amended so as to exclude expressly the 10 year long-stop from their scope. Yet no such exclusion was made in respect of section 35. That has to be seen as a conscious decision by the legislature not to disapply section 35.” When is a long-stop not a long-stop? SKB v Horne-Roberts [2001] EWCA Civ 2006 Keene LJ @ para 25 “Where a ... ‘new claim’ is made in the course of civil proceedings [and] the new claim involves the … substitution of a new party … [and] the sub