The court considered when the limitation period in a personal injury claim would start to run, where the plaintiff might be unaware of the damage: ‘You have to ask yourself: At what date was it reasonable for him – for the sick man himself – to have taken advice and found out that his illness was due to his employer’s negligence or breach of duty. You do not ask: At what date would a reasonable person have taken advice. You ask: At what date was it reasonable for this man to take it? In other words, at what date ought he to have taken advice and found out that he had a worthwhile action?’ Widgery LJ: ‘When one has to consider constructive notice under section 7(5)(c) it is necessary to look at all the circumstances of the particular individual concerned to see whether, when all those circumstances are looked at in the round, it can be said that his failure to take advice was reasonable.’
Judges:
Lord Denning MR, Widgery LJ
Citations:
[1969] 1 WLR 415
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer CA 3-Jun-2004
The defendant firm of solicitors sought leave to appeal against an injunction requiring them not to act for a client in making a bid to take over the business of the claimant, a former client of the firm.
Held: Leave was refused. The appeal . .
Applied – Smith v Central Asbestos Co Ltd CA 1971
Edmund-Davies LJ said of a report prepared by a committee of which had been chairman into ‘whether any alteration is desirable in the law relating to the limitation of actions in cases of personal injury where the injury or disease giving rise to . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Limitation
Updated: 23 March 2022; Ref: scu.200431
