A claim which was covered by the Act for damages for psychiatric injury arose not at the date of the accident, but from when the claimant first developed a recognised psychiatric injury. The two year period of limitation under the Act ran accordingly from the later date. Had parliament wished another result, it could easily have been provided for. Instead it made a clear distinction between the date of the accident, and the date of the injury resulting from it.
Judges:
Mr Justice Tomlinson
Citations:
Times 22-Feb-2002, Gazette 06-Mar-2002
Statutes:
Merchant Shipping Act 1995 190(3)(b)
Jurisdiction:
England and Wales
Limitation, Personal Injury, Transport
Updated: 28 June 2022; Ref: scu.167649
