Howard v Ministry Of Defence [2002] EWCA Civ 766 (15 May 2002)

Howard v Ministry Of Defence [2002] EWCA Civ 766 (15 May 2002)

There are arguable grounds that the applicant may not have had sufficient information to formulate a claim until 1994, and it cannot be said that there are no real prospects of success for the appeal; therefore, permission to appeal is granted.

Citation
[2002] EWCA Civ 766
Parties
Claimant/applicant: Leslie Stephen Howard; Defendant/respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
15 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted; extension of time allowed.
Legal Topics
Limitation of Actions, Malicious Falsehood, Personal Injury
Civil Procedure Tort Limitation of Actions Malicious Falsehood Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Leslie Stephen Howard

Claimant/applicant

Ministry of Defence

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claim for malicious falsehood is time-barred under the Limitation Act 1980
  2. 2 Whether section 32 of the Limitation Act 1980 applies due to alleged deliberate concealment

Ratio Decidendi

There are arguable grounds that the applicant may not have had sufficient information to formulate a claim until 1994, and it cannot be said that there are no real prospects of success for the appeal; therefore, permission to appeal is granted.

Court Disposition

Permission to appeal granted; extension of time allowed.

Orders

  • Applications for extension of time and permission to appeal allowed.