‘Shortly after the expiry of the limitation period, a claimant serves on a defendant, by post, a claim form and particulars of claim together with a schedule of losses and a medical report. The letter serving the documents, the particulars of claim and the medical report make it clear that the claim is intended to be for damages for an accident at work. By a clerical error, the claim form refers not to an accident at work but to ‘abuse’ at work.
The defendants’ solicitors spot the discrepancy. They argue that the intended action for damages for the accident at work cannot now proceed. Are they right in law? That in short is in the question before us. ‘
Judges:
Lord Justice Toulson
Citations:
[2008] EWCA Civ 390, [2008] 1 WLR 2675, [2008] PIQR P17
Links:
Jurisdiction:
England and Wales
Litigation Practice, Limitation
Updated: 20 December 2022; Ref: scu.267070
