A finding of real possibility of significant prejudice to a defendant will be of decisive importance in determining whether to extend a limitation period under s60G of the Limitation Act 1969 and will result in the application being refused. An appellate judge reviewing a Master's refusal to extend time must identify error in the exercise of discretion rather than simply substituting their own views on credibility and prejudice. The unreliability of a plaintiff as a witness compounds actual prejudice arising from gaps in records, because it heightens the defendant's need for independent material against which to test the plaintiff's claims.
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