Rayner v Wolferstans (A Firm) & Anor [2015] EWHC 2957 (QB) (23 October 2015)

Rayner v Wolferstans (A Firm) & Anor [2015] EWHC 2957 (QB) (23 October 2015)

The claimant acquired the requisite knowledge for limitation purposes by July 2004, when she attributed her injuries to the epidural and instructed solicitors to investigate a claim. The subsequent expert evidence did not alter the fact that she had sufficient knowledge to investigate a claim at that time. Therefore, the claim against Medway NHS Foundation Trust is statute-barred. The claim against Wolferstans for loss of chance fails as no actionable loss had occurred at the time of issue. The court declines to exercise its discretion under section 33 of the Limitation Act to allow the claim to proceed out of time.

Citation
[2015] EWHC 2957
Parties
Claimant: Kara Rayner; 1st Defendant: Wolferstans (A Firm); 2nd Defendant: Medway NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
23 October 2015
Procedural Posture
Civil Professional Negligence and Clinical Negligence / Judgment on Preliminary Issues Regarding Limitation and Section 33 Application
Outcome
Claims dismissed as statute-barred; section 33 discretion not exercised.
Legal Topics
Limitation Periods, Date of Knowledge, Section 33 Discretion, Loss of Chance, Attribution of Injury, Professional Duty of Care
Tort Law Contract Law Medical Negligence Professional Negligence Limitation Law Limitation Periods Date of Knowledge Section 33 Discretion +3 more

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Parties

Kara Rayner

Claimant

Wolferstans (A Firm)

1st Defendant

Medway NHS Foundation Trust

2nd Defendant

Procedural Posture

Civil Professional Negligence and Clinical Negligence / Judgment on Preliminary Issues Regarding Limitation and Section 33 Application

Legal Issues

  1. 1 When did the claimant acquire the requisite knowledge for limitation purposes under sections 11(4) and 14(1) of the Limitation Act 1980?
  2. 2 Was the claim against Medway NHS Foundation Trust statute-barred?
  3. 3 Had the claimant lost the chance to pursue her claim against Medway at the date of issue against Wolferstans?

Ratio Decidendi

The claimant acquired the requisite knowledge for limitation purposes by July 2004, when she attributed her injuries to the epidural and instructed solicitors to investigate a claim. The subsequent expert evidence did not alter the fact that she had sufficient knowledge to investigate a claim at that time. Therefore, the claim against Medway NHS Foundation Trust is statute-barred. The claim against Wolferstans for loss of chance fails as no actionable loss had occurred at the time of issue. The court declines to exercise its discretion under section 33 of the Limitation Act to allow the claim to proceed out of time.

Court Disposition

Claims dismissed as statute-barred; section 33 discretion not exercised.

Orders

  • Claim against Medway NHS Foundation Trust dismissed as statute-barred.
  • Claim against Wolferstans dismissed for want of actionable loss and/or as statute-barred.