[2011] EWHC 3018 (Admin)

Time would be extended for compliance with a court order to bring a claim within two months for compensation following the discharge of a restraint order where the evidence was insufficient to determine whether the statutory limitation period had expired and there was no abuse of process, the claim was not so weak as to have no realistic prospect of success, the delay was not entirely the fault of the claimant, and the prejudice to the defendant of granting the extension was outweighed by the effect of denying the claimant any claim at all.

QBD (Admin) (Hickinbottom J)

18/11/2011