The claimant sought to counter a defence that his claim was out of time, saying that he had been misinformed as to the name of his employer.
Held: A person could not sue simply ‘his employer’. He must find a name, particularly as against a limited company, to begin his action. The claimant had been given the wrong name, an should be allowed to extend the tlimitation period.
Citations:
[2005] EWCA Civ 763, Times 25-Jul-2005
Links:
Statutes:
Limitation Act 1980 11(4) 14(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Farraj and Another v King’s Healthcare NHS Trust and Another QBD 26-May-2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who . .
Cited – Edwards v Golding and others CA 3-Apr-2007
The claimant appealed against an order that his claim in defamation had failed for limitation, the judge having held that time ran from publication even though the claimant did not know the identity of the author.
Held: The appeal was . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Limitation
Updated: 01 July 2022; Ref: scu.227924
