Knight v Rochdale Healthcare NHS Trust & Ors

Knight v Rochdale Healthcare NHS Trust & Ors

The relevant date for limitation purposes under the Civil Liability (Contributions) Act 1978 is the date of the agreement to settle, not the date of the consent order; the claim against the Second Defendant discloses no reasonable grounds and is struck out.

Parties
Claimant: Martin Knight; First Defendant: Rochdale Healthcare NHS Trust; Second Defendant: The National Health Service Litigation Authority; Third Defendant: The Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
23 July 2003
Procedural Posture
Civil / Preliminary Issue Determination and Strike Out Application
Outcome
Claim against Second Defendant struck out; preliminary issue determined that limitation period runs from date of agreement.
Legal Topics
Limitation Period for Contribution Claims, Consent Orders, Indemnity Arrangements, Strike Out Applications
Civil Procedure Medical Negligence Contract Law Limitation Period for Contribution Claims Consent Orders Indemnity Arrangements Strike Out Applications

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Parties

Martin Knight

Claimant

Rochdale Healthcare NHS Trust

First Defendant

The National Health Service Litigation Authority

Second Defendant

The Secretary of State for Health

Third Defendant

Procedural Posture

Civil / Preliminary Issue Determination and Strike Out Application

Legal Issues

  1. 1 Whether the claim under the Civil Liability (Contributions) Act 1978 is barred by the Limitation Act 1980
  2. 2 Whether a consent order constitutes a 'judgment' for limitation purposes
  3. 3 Whether the claim against the Second Defendant discloses reasonable grounds

Ratio Decidendi

The relevant date for limitation purposes under the Civil Liability (Contributions) Act 1978 is the date of the agreement to settle, not the date of the consent order; the claim against the Second Defendant discloses no reasonable grounds and is struck out.

Court Disposition

Claim against Second Defendant struck out; preliminary issue determined that limitation period runs from date of agreement.

Orders

  • Statement of case against Second Defendant struck out under CPR 3.4(2)(a)
  • Limitation period for contribution claim runs from 24 October 2000