Howard v Ministry Of Defence [2002] EWCA Civ 1546 (14 October 2002)

Howard v Ministry Of Defence [2002] EWCA Civ 1546 (14 October 2002)

The claimant was in possession of sufficient information to support the bringing of proceedings by 1987 or 1988, and any subsequent documents did not materially add to his knowledge. Therefore, the claim was time-barred.

Citation
[2002] EWCA Civ 1546
Parties
Claimant/appellant: Leslie Stephen Howard; Defendant/respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
14 October 2002
Procedural Posture
Appeal (civil) / Appeal From High Court (queen's Bench Division, Norwich District Registry) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Personal Injury, Malicious Falsehood, Limitation Periods, Deliberate Concealment
Tort Limitation Personal Injury Malicious Falsehood Limitation Periods Deliberate Concealment

Case Brief

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Parties

Leslie Stephen Howard

Claimant/appellant

Ministry of Defence

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court (queen's Bench Division, Norwich District Registry) to Court of Appeal

Legal Issues

  1. 1 Whether the claim for malicious falsehood was time-barred under the Limitation Act 1980
  2. 2 Whether the claimant had sufficient knowledge of the facts necessary to bring the claim prior to the limitation period expiring

Ratio Decidendi

The claimant was in possession of sufficient information to support the bringing of proceedings by 1987 or 1988, and any subsequent documents did not materially add to his knowledge. Therefore, the claim was time-barred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Liability to pay costs adjourned generally