33 Discretionary exclusion of time limit for actions in respect of personal injuries or death
Limitation Act 1980 (1980 c 58) | Legislation

Discretionary exclusion of time limit for actions in respect of personal injuries or death

33  Discretionary exclusion of time limit for actions in respect of personal injuries or death

(1)     If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which—

(a)     the provisions of section 11[, 11A, 11B] or 12 of this Act prejudice the plaintiff or any person whom he represents; and

(b)     any decision of the court under this subsection would prejudice the defendant or any person whom he represents;

the court may direct that those provisions shall not apply to the action, or shall not apply to any specified cause of action to which the action relates.

[(1ZA)     The court shall not under this section disapply any provision of section 11 in its application to an overseas armed forces action if the action was brought after the expiration of the period of six years from the section 11 relevant date (see subsection (7)).

(1ZB)     An “overseas armed forces action” means an action, or cause of action, which—

(a)     is against the Ministry of Defence, the Secretary of State for Defence, or any

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