Source: All England Reporter
Publisher Citation: [1999] All ER (D) 399
Court: Court of Appeal, Civil Division

Simon Brown, Ward and Robert Walker LJJ

Representation Charles Feeny (instructed by Hill Dickinson) for the plaintiff.
  Richard Hone QC (instructed by Edward Abrams Doherty) for the defendant health authority.
Judgment Dates: 21 April 1999


Limitation of action - Medical negligence - Plaintiff claiming damages against health authority for loss of baby - Plaintiff bringing action 20 years after event - Judge exercising discretion to disapply limitation period and refusing to strike out plaintiff's claim - Judgment subsequently given for plaintiff - Whether authority able to seek leave to appeal out of time against refusal to strike out - .

The Case

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.