The Court of Appeal dismissed the appeal of the appellant school governors against a decision that it was just and equitable to exercise the discretion pursuant to s. 33 of the Limitation Act 1980 so as to disapply the primary limitation period, in respect of a damages claim brought by the respondent in relation to alleged historic sexual abuse by a former teacher. The Court of Appeal held that the order in which the judge had approached the issues of limitation and liability did not in any way affect the substance of how the discretion under s. 33 had been exercised or the decision reached thereafter.