The plaintiff was injured in 1948, but it later became more serious, and in 1970, having obtained leave under the 1963 Act, he issued proceedings. The defendants argued that his claim was statute-barred under section 2(1). The defendant appealed.
Held: The appeal failed. Relying on section 15 of the 1963 Act and despite the absence of argument on the point, no distinction could be drawn between cases coming within the three-year period of limitation after 1954 and cases coming within the six-year period of limitation before 1954.
Judges:
Lord Denning MR, Sachs LJ, Stamp LJ
Citations:
[1972] 1 QB 361
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others HL 4-Dec-2003
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the . .
Criticised – Arnold v Central Electricity Generating Board HL 22-Oct-1987
The plaintiff was widow and administratrix of the estate of her deceased husband. He had worked from April 1938 to April 1943 for a predecessor to the CEGB. He had been exposed to asbestos dust as a result of his employer’s negligence and breach of . .
Lists of cited by and citing cases may be incomplete.
Limitation, Personal Injury
Updated: 06 May 2022; Ref: scu.189910