Source: All England Reporter
Publisher Citation: [2002] All ER (D) 423 (Jul)
Court: Queen's Bench Division

David Lloyd Jones QC sitting as a deputy judge of the High Court

Representation John Foy QC and Jacob Levy (instructed by Russell Cooke) for the claimant.
  Martin Spencer (instructed by Capsticks) for the NHS trust.
Judgment Dates: 26 July 2002


Limitation of action - Personal injury claim - Claimant's knowledge - Date on which claimant first had knowledge that injury attributable to defendant's act or omission - Claimant undergoing treatment for back problem - Treatment including two operations - Claimant issuing action alleging negligent treatment - Claimant subsequently discovering operations performed at wrong level on his back - Claimant issuing second action based on errors during operations - When claimant having knowledge of act or omission forming basis of second action - Whether second action time-barred - Limitation Act, 1980 ss 11, 14.

The Case

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