On 14 June, 2006, the House of Lords delivered a judgment in Horton v Sadler [2006], which will be welcomed by claimant solicitors everywhere. For almost 30 years Walkley v Precision Forgings has prevented the use of section 33 Limitation Act 1980 where there had already been valid proceedings inside the limitation period.
The practical effect of Walkley was that if a claimant issued proceedings inside the period, but failed to serve validly (or in time) or was struck out for any reason outside the period, he could not reissue and use section 33, however strong the claim was, or little prejudice there was to the defendant.
