Where a claimant in a personal injury action had initially issued proceedings before the time limit had expired and had brought a second action in respect of the same injuries after expiry, the court could use its discretion under the Limitation Act 1980 s.33 to disapply the three-year time limit. The decision in Walkley v Precision Forgings Limited (1979) 1 WLR 606 was overruled, as it had deprived claimants of a right that Parliament had intended them to have, and had given rise to much unsatisfactory jurisprudence.

[2006] UKHL 27