The plaintiff’s wife had been killed by a negligently piloted RAF aeroplane. It was argued that, although this was a war injury, the language of section 3(1) did not exclude a claim based on trespass to the person.
Held: Lord Greene MR said: ‘It seems to me that in this context the phrase ‘breach of duty’ is comprehensive enough to cover the case of trespass to the person which is certainly a breach of duty as used in a wide sense.’
Lord Greene MR, Mackinnon and Lawrence LJJ
[1945] KB 11
Personal Injuries (Emergency Provisions) Act 1939
England and Wales
Cited by:
Cited – A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth CA 12-Apr-2006
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the . .
Cited – A v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
Applied – Letang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
Lists of cited by and citing cases may be incomplete.
Limitation, Negligence
Updated: 25 November 2021; Ref: scu.240375