| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 222 (Jul) |
| Court: | Queen's Bench Division |
| Judge: | Richard Mawrey QC sitting as a Deputy Judge of the High Court |
| Representation | Philippa Whipple (instructed by Hempsons) for the claimant. |
| Howard Shaw (instructed by Evill & Coleman) for the defendant. | |
| Judgment Dates: | 17 July 2001 |
Catchwords
Limitation of action - Personal injury claim - Claimant's knowledge - Defendant carrying out myelogram on claimant - Claimant suffering lower back pain - Claimant later discovering back pain could be caused by agent used in myelogram process - Claimant not discovering until much later that agent used in his case and that his back pain of kind connected with its use - Whether claimant's action time-barred - When claimant acquiring relevant knowledge for limitation purposes - ss 11 and 14.
The Case
The claimant was not barred from bringing a claim in respect of medical negligence occurring 20 years ago, as he had not acquired the knowledge required, under s14 of the Limitation Act, to start time running until he received a medical opinion favourable to his claim in 1995.
Practice Areas
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