DP v Topmark Claims Management Ltd (CM) [2020] UKUT 106 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Markus, QC on 2 April 2020.
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Judicial Summary
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The First-tier Tribunal should determine an appeal under the Mesothelioma Act by reference to the circumstances which exist at the time of the tribunal鈥檚 decision.
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Regulation 7 of the Diffuse Mestothelioma Payment Scheme Regulations 2014 provides for circumstances which amount to 鈥渁ny other reason鈥� for a person being unable to bring an action for the purpose of section 3(1)(c) of the Mesothelioma Act 2014.
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The circumstances in regulation 7 are not exhaustive of what amounts to 鈥渁ny other reason鈥�. The phrase 鈥渁ny other reason鈥� takes its colour from the other reasons listed in section 3(1)(c). It is concerned with the circumstances of the putative defendant, where there is no tortfeasor or insurer capable of satisfying a judgment.
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A person who is statute barred under the Limitation Act is 鈥渁ble to bring an action鈥� and so does not satisfy the condition in section 3(1)(c).