Part II
(4) A purchaser is an innocent third party for the purposes of this section—
- (a) in the case of fraud or concealment of any fact relevant to the plaintiff’s right of action, if he was not a party to the fraud or (as the case may be) to the concealment of that fact and did not at the time of the purchase know or have reason to believe that the fraud or concealment had taken place; and
- (b) in the case of mistake, if he did not at the time of the purchase know or have reason to believe that the mistake had been made.
Discretionary exclusion of time limit for actions in respect of personal injuries or death
Discretionary exclusion of time limit for actions in respect of personal injuries or death. 33.—(1) If it appears to the court that it would be equitable to allow an action to proceed having regard to the degree to which―
- (a) the provisions of section 11 or 12 of this Act prejudice the plaintiff or any person whom he represents; and
- (b) any decision of the court under this subsection would prejudice the defendant or any person whom he represents;
the court may direct that those provisions shall not apply to the action, or shall not apply to any specified cause of action to which the action relates.
(2) The court shall not under this section disapply section 12(1) except where the reason why the person injured could no longer maintain an action was because of the time limit in section 11.
If, for example, the person injured could at his death no longer maintain an action under the 1976 c. 30.Fatal Accidents Act 1976 because of the time limit in Article 29 in Schedule 1 to the 1961 c. 27.Carriage by Air Act 1961, the court has no power to direct that section 12(1) shall not apply.
(3) In acting under this section the court shall have regard to all the circumstances of the case and in particular to—
- (a) the length of, and the reasons for, the delay on the part of the plaintiff;
- (b) the extent to which, having regard to the delay, the evidence adduced or likely to be adduced by the plaintiff or the defendant is or is likely to be less cogent than if the action had been brought within the time allowed by section 11 or (as the case may be) by section 12;
