Platt v BRB (Residuary) Ltd [2014] EWCA Civ 1401 (31 October 2014)

Platt v BRB (Residuary) Ltd [2014] EWCA Civ 1401 (31 October 2014)

It was reasonable to expect Mr Platt, in all the circumstances, to have asked his ENT specialist in 1997 whether his hearing loss was caused by noise exposure, and had he done so, he would have acquired the relevant knowledge. Therefore, he had constructive knowledge of the cause of his injury more than three years before issuing proceedings, and his claim is statute barred under the Limitation Act 1980.

Citation
[2014] EWCA Civ 1401
Parties
Claimant/respondent: Howard Platt; Defendant/appellant: BRB (Residuary) Limited
Jurisdiction
England and Wales
Judgment Date
31 October 2014
Procedural Posture
Personal Injury Appeal / Appeal From Chester County Court to Court of Appeal (civil Division)
Outcome
Appeal allowed. Judgment for BRB (Residuary) Limited on the limitation issue.
Legal Topics
Constructive Knowledge, Limitation Periods, Noise Induced Hearing Loss, Section 14 Limitation Act 1980
Personal Injury Limitation Law Constructive Knowledge Limitation Periods Noise Induced Hearing Loss Section 14 Limitation Act 1980

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Parties

Howard Platt

Claimant/respondent

BRB (Residuary) Limited

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From Chester County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the claimant had constructive knowledge under sections 14(1)(b) and 14(3) of the Limitation Act 1980 that his injury was attributable to acts or omissions of his employer more than three years before issuing proceedings.

Ratio Decidendi

It was reasonable to expect Mr Platt, in all the circumstances, to have asked his ENT specialist in 1997 whether his hearing loss was caused by noise exposure, and had he done so, he would have acquired the relevant knowledge. Therefore, he had constructive knowledge of the cause of his injury more than three years before issuing proceedings, and his claim is statute barred under the Limitation Act 1980.

Court Disposition

Appeal allowed. Judgment for BRB (Residuary) Limited on the limitation issue.

Orders

  • Reversal of the order dated 28 November 2013.
  • Claim dismissed as statute barred under the Limitation Act 1980.