Darwich v Sinclair

In the matter of Darwich v Sinclair, the plaintiff sought an extension of time to commence proceedings under section 109 of the Motor Accidents Act 1999. The plaintiff had been involved in a motor accident and sought to bring a claim against the defendant, however, the statutory limitation period for doing so had expired. The plaintiff applied for leave to proceed outside of the limitation period on the basis that they could provide a full and satisfactory explanation for the delay, that the defendant would not be significantly prejudiced by the delay, and that the quantum of the claim met the threshold requirement under section 109(3)(c) of the Act.

The court considered the evidence provided by the plaintiff in relation to the explanation for the delay, the potential prejudice to the defendant, and the quantum of the claim. The court found that the plaintiff had provided a satisfactory explanation for the delay, and that the defendant would not be significantly prejudiced by the delay. The court also found that the quantum threshold requirement was satisfied. The court therefore granted the plaintiff’s application for leave to proceed outside of the limitation period.

The court ordered that the time for commencing proceedings be extended until 18 December 2008, that the plaintiff pay the defendant’s costs of the motion, and that exhibits may be returned. The court also granted liberty to apply on 7 days notice if further orders were required. The court did not make any orders in relation to the assessment of notional damages at this stage of the proceedings.