Johnson v Ministry of Defence & Anor [2012] EWCA Civ 896 (23 May 2012)

Johnson v Ministry of Defence & Anor [2012] EWCA Civ 896 (23 May 2012)

It is at least arguable that the claimant did not have actual knowledge that his deafness was attributable to his work before October 2007, and thus the limitation period may not have expired before the claim was issued.

Citation
[2012] EWCA Civ 896
Parties
Applicant/claimant: Johnson; Respondent/defendant: Ministry of Defence; Respondent/defendant: Hobourn Eaton Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2012
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Limitation Period, Date of Knowledge, Employer's Liability, Industrial Deafness
Personal Injury Limitation Limitation Period Date of Knowledge Employer's Liability Industrial Deafness

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Parties

Johnson

Applicant/claimant

Ministry of Defence

Respondent/defendant

Hobourn Eaton Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant had actual knowledge of the cause of his deafness within the meaning of section 14(1) of the Limitation Act 1980
  2. 2 Whether the claim was brought within the limitation period

Ratio Decidendi

It is at least arguable that the claimant did not have actual knowledge that his deafness was attributable to his work before October 2007, and thus the limitation period may not have expired before the claim was issued.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Parties encouraged to mediate under the Court of Appeal Mediation Scheme