McCoubrey v Ministry of Defence [2006] EWCA Civ 1369 (19 September 2006)

McCoubrey v Ministry of Defence [2006] EWCA Civ 1369 (19 September 2006)

There is a reasonable prospect of success that the judge applied the wrong test to 'significance' under section 14(2) Limitation Act 1980, and permission to appeal should be granted to allow argument on this and, if necessary, section 33.

Citation
[2006] EWCA Civ 1369
Parties
Claimant/respondent: Jason Stuart McCoubrey; Defendant/appellant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
19 September 2006
Procedural Posture
Personal Injury Appeal / Renewed Application for Permission to Appeal (granted)
Outcome
Permission to appeal granted
Legal Topics
Limitation Period, Knowledge of Injury, Section 14 and Section 33 Limitation Act 1980, Personal Injury Claims Against Ministry of Defence
Civil Procedure Personal Injury Limitation Law Limitation Period Knowledge of Injury Section 14 and Section 33 Limitation Act 1980 Personal Injury Claims Against Ministry of Defence

Case Brief

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Parties

Jason Stuart McCoubrey

Claimant/respondent

Ministry of Defence

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Renewed Application for Permission to Appeal (granted)

Legal Issues

  1. 1 Whether the claimant had knowledge of a significant injury before late 2001 for the purposes of section 14(1)(a) Limitation Act 1980
  2. 2 Whether the judge misapplied the test of 'significance' under section 14(2) Limitation Act 1980
  3. 3 Whether the judge failed to consider section 33 Limitation Act 1980

Ratio Decidendi

There is a reasonable prospect of success that the judge applied the wrong test to 'significance' under section 14(2) Limitation Act 1980, and permission to appeal should be granted to allow argument on this and, if necessary, section 33.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted to the Ministry of Defence
  • Time estimate for appeal should allow for argument on section 33 Limitation Act 1980