The limitation period starts when a reasonable person would have sought medical help. Section 14(1)(b) requires that ‘one should look at the way the plaintiff puts his case, distil what he is complaining about and ask whether he had in broad terms knowledge of the facts on which that complaint is based’ at the appropriate time. It was not necessary for the plaintiff to know that the matters he was complaining about amounted to negligence or breach of duty.
Judges:
Hoffmann LJ
Citations:
Independent 09-Sep-1993, [1994] 4 All ER 439
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Haward and others v Fawcetts HL 1-Mar-2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong.
Held: It was argued that the limitation . .
Cited – Ministry of Defence v AB and Others SC 14-Mar-2012
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness . .
Lists of cited by and citing cases may be incomplete.
Limitation, Negligence
Updated: 28 April 2022; Ref: scu.78562