“…Poeton relies upon a passage from the judgment of the Court of Appeal in the atomic veterans case (AB v Ministry of Defence [2010] EWCA Civ 1317, (2011) 117 BMLR 101). The case came before the Court of Appeal on applications to strike out and questions of limitation. The claimants sued in respect of a w…”
“…bout the significance of a fair trial. The fact that a fair trial can take place is not in itself determinative. As this court said in Ministry of Defence v AB [2010] EWCA Civ 1317, (2010) 117 BMLR 101 at [212]:…”
“…at the court does not lightly interfere with a first instance judge’s decision as to the exercise of discretion. He quotes Smith LJ in AB v Ministry of Defence [2010] EWCA Civ 1317 at paragraph 94 as follows:…”