Summary of Recent Cases – Substantive Law


PERSONAL INJURY & FATAL ACCIDENTS

Consideration Of Date When Claimant Acquired Knowledge Of A Significant Injury Within The Meaning Of Section 14(2) Of The Limitation Act 1980

Sir Robert Lloyd & Co Ltd & Others v, Bernard Hoey, CA, 09/09/11

Upon the appellant employers’ appeal, the Court of Appeal held that the judge had been correct to find as a preliminary issue that the respondent employee’s claim was not statute-barred as it had been presented within 3 years of his date of knowledge within the meaning of s. 14 of the Limitation Act. The respondent had been exposed to asbestos in the course of his employment with the appellant and his pleaded injury was based on a 2008 diagnosis of pleural thickening. The appellant had experienced chest pains in the 1980s and the expert evidence was that the pleural thickening would have caused such chest pains in the 1980s. The Court of Appeal held that the judge had been correct to find that the appellant did not acquire knowledge of a significant injury within the meaning of s. 14 of the Limitation Act 1980 until the 2008 diagnosis and as such, he had commenced the action within 3 years of acquiring such knowledge.

October 16, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases