Privy Council hears appeal in Nugent v Willers

Board considers limitation in appeal from the Isle of Man

The Privy Council hearing in Nugent and another v Willers takes place today. The appeal is being heard by Lady Hale, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin.

The case concerns the proper interpretation of s.30A of the Isle of Man Limitation Act 1984, where facts giving rise to a cause of action in defamation were discovered by a claimant after the end of the limitation period.

At first instance the limitation period was disapplied under s.30A, despite delay and the death of a relevant witness. The judge found that the claimant had behaved reasonably on the basis of the evidence. The decision was upheld on appeal.

The case may be of interest to practitioners as the wording of s.30A of the Isle of Man Limitation Act 1984 is essentially the same as the wording of s.32A Limitation Act 1980 (England & Wales) (Discretionary exclusion of time limit for actions for defamation or malicious falsehood).

The hearing can be watched here.

5RB’s Desmond Browne QC and Jacob Dean represent the Appellants; Christina Michalos appears for the Respondent.