Which ONE of the following statements about applications to disapply the primary limitation period under s.33 of the Limitation Act 1980 in personal injury claims is WRONG?
[A] The application may be determined by the Court prior to a trial on any otherissues.
[B] An order under s.33 can be made in a claim that has been allocated to thefast track.
[C] The application can only be heard by a Circuit Judge or a High Court Judge.
[D] When hearing the application the Court may hear oral evidence.
[Answer [A] is a correct statement, as s. 33 points can be taken as preliminary issues or on applications to strike out, so should not be selected. [B] is also correct,because s. 33 applies to all personal injury claims, and is not dependent on track allocation. Answer [C], on whether a district judge has jurisdiction, depends on whether the limitation point is being taken on an interim application (for which the district judge always has jurisdiction) or as a trial issue, in which event the district judge has jurisdiction provided the claim does not exceed £25,000 (PD 2B, para11.1). So district judges can have jurisdiction, [C] is a wrong statement, and is the answer to select. On answer [D], oral evidence would be unusual on a striking out application, but perfectly normal on the trial of a preliminary issue, so the statement in [D] is correct, so this answer should not be selected.]