THE OFFICIAL ADMINISTRATOR suing as Administrator of the estate of CHARLES HENRY CRAGGS, deceased v THE ATTORNEY GENERAL

Read the full judgment text of CACV 000193/1980 on BabelCite. This Court of Appeal judgment.

1. In Birkett v James (1978) A.C. 297 it was held that an action for breach of contract would not be struck out for want of prosecution where the primary period of limitation had not yet expired and the defendant would have a right to start a fresh action. That principle was applied in Tolley v Morris (1979) 1 W.L.R. 592 to an action in tort where, although the primary limitation period had expired, the plaintiff was under a disability and the applicable period of limitation had not yet expired.