01 May 2008
Dunn v Parole Board [2008] EWCA Civ 374, [2008] All ER (D) 222 (Apr)
The claimant contended that the judge should have decided that, because the Parole Board had not made an application under CPR Pt 11 to strike out the claim within 14 days of filing of acknowledgement of service, it had lost its right to rely on the limitation provisions in s 7 of the Human Rights Act 1998.
HELD CPR 11 had no relevance to the Parole Board’s application to strike out the claim. Limitation provisions provide a defence to the claim; they do not go to jurisdiction.
