|Source:||All England Reporter|
|Publisher Citation:|| 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.