||All England Reporter
|| All ER (D) 343 (Jan)
|| EWCA Civ 130
||Court of Appeal, Civil Division
Judge and Latham LJJ
||Gerard McDermott and Simon Vaughan (instructed by Barber Cartain, Manchester) for the claimant.
||John Leighton Williams QC and Robert O'Leary (instructed by Rausa Mumford, Cardiff) for the defendants.
||31 January 2002
Limitation of action - Personal injury claim - Claimant's knowledge - Date of claimant's knowledge that injury was caused by negligence of defendant - Claimant seeking damages for asthma arising from working conditions at defendant employers - Judge finding that claimant's date of knowledge within limitation period - Judge concluding that discretion to override limitation period applying in any event - Whether judge in error - ss 11, 14, 33.
On the facts of the instant case, the claimant had had the relevant knowledge that his asthma had been caused by his working conditions by 1992 and accordingly the primary limitation period had expired by the time the claim was brought in 2000. However, the decision to allow a case to proceed under s33 of the was a matter for the judge's discretion, and as it had not been exercised wrongly in the instant case, the decision to override the limitation period under s33 would not be interfered with.
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