“… 33 of the Limitation Act 1980; none of the authorities on CPR 6.15 to date have done so. Good Law relied in particular on Cain v Francis [2008] EWCA Civ 1451; [2009] QB 754 at [57], where the issue was whether the loss of a limitation defence amounted to real prejudice in a case where the defendant had no defence to liability on t…”
“…application of the limitation period. What is of importance is what prejudice the defendant has suffered by the delay: see Cain v Francis [2008] EWCA Civ 1451, [2009] QB 754 at [73]. Indeed, in AS v Poor Sisters of Nazareth [2008] UKHL 32, 2008 SC (HL) 146, a case about the Scottish equivalent of section 33, Lord Hope (with whom th…”
“…es removed if the passage of time has significantly diminished the opportunity to defend the claim on liability or amount: Cain v Francis [2008] EWCA Civ 1451, [2009] QB 754, at [69].…”