Former members of the armed forces and others claimed damages for personal injuries, claiming that they had been obliged to expose themselves to the effects of atomic bomb explosions in the 1950s. The defendant argued that the claims were now out of time.
Held: New scientific evidence had become available to support the claim, and to restart the limitation period.
Judges:
Foskett J
Citations:
[2009] EWHC 1225 (QB), Times 09-Jun-2009
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Loveday v Renton and Wellcome Foundation Ltd 1990
Stuart-Smith LJ said that there is no ‘generally accepted standard of scientific proof.’ The court rejected epidemiological evidence presented to it. . .
Cited – A and Others v The United Kingdom ECHR 19-Feb-2009
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the . .
Cited – Hughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ) CA 9-Mar-2004
Parents and their children claimed against a tax adviser for negligence in relation to setting up an offshore trust. The defendant applied to strike out the children’s claim on the basis that the defendant owed them no duty of care and only the . .
Cited – Loveday v Renton and Wellcome Foundation Ltd 1990
Stuart-Smith LJ said that there is no ‘generally accepted standard of scientific proof.’ The court rejected epidemiological evidence presented to it. . .
Cited – Nash v Eli Lilly and Co QBD 1991
The court discussed the relevance of knowledge obtainable by the plaintiff’s solicitor for limitation purposes.
Held: Hidden J said ‘My conclusion is therefore that there is no binding authority on whether facts ascertainable by a plaintiff . .
Cited by:
See Also – AB and Others v Ministry Of Defence QBD 19-Jun-2009
. .
Lists of cited by and citing cases may be incomplete.
Armed Forces, Limitation, Personal Injury
Updated: 01 July 2022; Ref: scu.346753