[IOT] Thoughts on Rule 4 Time for Filing

[Malcolm Hutty]

On 02/11/2020 17:12, David McAuley wrote:
> My understanding of the argument in opposition of an overall time
> limitation is that a claimant could be time barred before it ever learns
> of the alleged harm.

Actually, it's even worse than that: if this concept of "repose" is
adopted the claimant could be time barred before they even suffer the
alleged harm.

i.e. time will have run out before the claimant is affected by the
action, and so at no point will they ever be eligible to file a claim.

This is plainly inconsistent with any concept of fundamental fairness.

-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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