“…iod are governed by section 35 of the Limitation Act 1980 and CPR 17.4. There is a four stage test, as explained in Ballinger v Mercer Ltd [2014] EWCA Civ 996, [2014] 1 WLR 3597 at [15] and Mulalley & Co Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 at [38]:…”
“…It is conventional to say that four questions need to be answered when considering r.17.4 (see Ballinger v Mercer Limited [2014] EWCA Civ 996; [2014] 1 WLR 3597 and Hyde v Nygate [2019] EWHC 1516 (Ch)). They are:…”
“…This topic was addressed more recently by the Court of Appeal in Ballinger v Mercer Limited & Anr[2014] EWCA Civ 996; [2014] 1 WLR 3597, in which Tomlinson LJ referred to a number of subsequent observations about the applicable test:…”
“…The three questions confronting a judge in the position of Birss J in this case are set out the judgment of Tomlinson LJ in Ballinger v Mercer Ltd. [2014] 1 WLR 3597, at 3606, paragraph 15 as follows:…”