The claimant appealed against a finding that having once already issued a claim, a second claim was out of time, not accepting that she had had the knowledge effective to commence the limitation period.
Held: Judge LJ had ‘difficulty in perceiving how in any case where a claimant has sought advice and taken proceedings, it can rightly be held that the claimant had not then had relevant knowledge’.
Judges:
Simon Brown, Judge LJJ, Bell J
Citations:
[2000] EWCA Civ 212, [2000] PIQR P213
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
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, Personal Injury
Updated: 31 May 2022; Ref: scu.147245