Collins v Secretary of State for Business Innovation And Skills & Anor

Collins v Secretary of State for Business Innovation And Skills & Anor

The claimant had constructive knowledge by mid-2003 because a reasonable person in his position would have inquired about the possible causes of his lung cancer, and his treating oncologist would have identified asbestos exposure as a possible cause. The judge correctly refused to disapply the limitation period under section 33, properly weighing the prejudice to both parties and the lengthy passage of time since the alleged breaches.

Parties
Appellant/claimant: George Walter Collins; First Respondent/defendant: Secretary of State for Business, Innovation and Skills; Second Respondent/defendant: Stena Line Irish Sea Ferries Limited (formerly Scruttons Ltd)
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Personal Injury Claim (industrial Disease) / Appeal From High Court to Court of Appeal; Judgment on Limitation Preliminary Issue
Outcome
Appeal dismissed; High Court decision upheld
Legal Topics
Limitation Period for Personal Injury, Constructive Knowledge Under Limitation Act, Discretion to Disapply Limitation Period, Industrial Disease Claims, Asbestos Exposure
Tort Limitation Law Personal Injury Limitation Period for Personal Injury Constructive Knowledge Under Limitation Act Discretion to Disapply Limitation Period Industrial Disease Claims Asbestos Exposure

Case Brief

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Parties

George Walter Collins

Appellant/claimant

Secretary of State for Business, Innovation and Skills

First Respondent/defendant

Stena Line Irish Sea Ferries Limited (formerly Scruttons Ltd)

Second Respondent/defendant

Procedural Posture

Personal Injury Claim (industrial Disease) / Appeal From High Court to Court of Appeal; Judgment on Limitation Preliminary Issue

Legal Issues

  1. 1 Whether the claimant had constructive knowledge of the possible link between his lung cancer and asbestos exposure before July 2009 or by mid-2003 under section 14 of the Limitation Act 1980
  2. 2 Whether the court should exercise its discretion under section 33 of the Limitation Act 1980 to disapply the limitation period

Ratio Decidendi

The claimant had constructive knowledge by mid-2003 because a reasonable person in his position would have inquired about the possible causes of his lung cancer, and his treating oncologist would have identified asbestos exposure as a possible cause. The judge correctly refused to disapply the limitation period under section 33, properly weighing the prejudice to both parties and the lengthy passage of time since the alleged breaches.

Court Disposition

Appeal dismissed; High Court decision upheld

Orders

  • The appeal is dismissed.
  • The action remains statute barred; no extension of time under section 33 of the Limitation Act 1980.