McCoubrey v Ministry of Defence

There is a reasonable prospect of success that the judge applied the wrong test to 'significance' under section 14(2) Limitation Act 1980, justifying permission to appeal.

Parties: Claimant/respondent: Jason Stuart McCoubrey; Defendant/appellant: Ministry of Defence
Jurisdiction: England and Wales
Judgment Date: 19 September 2006
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal; Permission Granted
Outcome: Permission to appeal granted
Legal Topics: Limitation Period, Knowledge of Significant Injury, Extension of Time Under Limitation Act, Personal Injury Claims

Limitation Law Personal Injury Limitation Period Knowledge of Significant Injury Extension of Time Under Limitation Act Personal Injury Claims

Case Brief

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Parties

Jason Stuart McCoubrey

Claimant/respondent

Ministry of Defence

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal; Permission Granted

Legal Issues

1 Proper construction of 'significant' and 'injury' under section 14(1)(a) Limitation Act 1980
2 Whether judge gave excessive weight to claimant's subjective view of significance
3 Whether judge failed to apply objective reasonable person standard

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, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

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