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Brady v Norman (No 2)
Comment
The Claimant drew Eady J’s attention to Cain v Francis [2009] 3 WLR 551, a personal injury case in which the Court of Appeal had revisited the principles upon which courts should exercise their discretion to disapply limitation periods. It was held in that case that relevant prejudice to the defendant only arose if his ability to defend the claim on its merits was adversely affected by the passage of time, and the mere loss of a limitation defence was not to be regarded in itself as ‘prejudice’ to the defendant. The editors of the most recent edition of Duncan & Neill had submitted that in light of this decision “the approach to be adopted in defamation cases may now fall to be reviewed.”
The Judge, however, rejected the submission that Cain represented, or should lead to, a change in approach in defamation as well as PI claims. Observing that different policy considerations and limitation periods apply in those causes of action, Eady J confirmed that in defamation claims the approach sanctioned in Steedman v BBC [2002] EMLR 318 remains unaffected.