Martin v Kaisary & Anor [2005] EWHC 531 (QB) (05 April 2005)

Martin v Kaisary & Anor [2005] EWHC 531 (QB) (05 April 2005)

The claimant did not have knowledge for the purposes of Section 14 Limitation Act 1980 that his injury was attributable to acts or omissions of the Trust until after 5 August 2001, as he was misled by focus on Heparin and only later learned of possible negligence in monitoring. Therefore, the claim against the Trust is not statute-barred. Alternatively, even if out of time, it would be equitable under Section 33 to allow the claim to proceed due to short delay, prejudice to claimant, and likelihood Trust would be joined in any event.

Citation
[2005] EWHC 531
Parties
Claimant: Peter Francis Martin; First Defendant: Mr Amir Kaisary; Proposed Second Defendant: The Royal Free Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
05 April 2005
Procedural Posture
Personal Injury/medical Negligence / Preliminary Issue on Limitation and Application to Join Second Defendant
Outcome
Application granted; claim against the Trust not statute-barred and may proceed.
Legal Topics
Limitation of Actions, Date of Knowledge, Section 33 Discretion, Joinder of Parties, Personal Injury
Tort Law Medical Negligence Civil Procedure Limitation of Actions Date of Knowledge Section 33 Discretion Joinder of Parties Personal Injury

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Peter Francis Martin

Claimant

Mr Amir Kaisary

First Defendant

The Royal Free Hospital NHS Trust

Proposed Second Defendant

Procedural Posture

Personal Injury/medical Negligence / Preliminary Issue on Limitation and Application to Join Second Defendant

Legal Issues

  1. 1 Whether the claim against the proposed Second Defendant is statute-barred under the Limitation Act 1980
  2. 2 Whether the claimant's date of knowledge was within three years prior to the application to join the Trust
  3. 3 Whether the court should exercise discretion under Section 33 of the Limitation Act 1980 to allow the claim to proceed

Ratio Decidendi

The claimant did not have knowledge for the purposes of Section 14 Limitation Act 1980 that his injury was attributable to acts or omissions of the Trust until after 5 August 2001, as he was misled by focus on Heparin and only later learned of possible negligence in monitoring. Therefore, the claim against the Trust is not statute-barred. Alternatively, even if out of time, it would be equitable under Section 33 to allow the claim to proceed due to short delay, prejudice to claimant, and likelihood Trust would be joined in any event.

Court Disposition

Application granted; claim against the Trust not statute-barred and may proceed.

Orders

  • Claimant permitted to amend Particulars of Claim to join The Royal Free Hospital NHS Trust as Second Defendant
  • Claim against the Trust not barred by Limitation Act 1980