Collins v Tesco Stores Ltd

Collins v Tesco Stores Ltd

The claimant had knowledge of both the significance of her injury and its attribution to her work by January 1998, more than three years before proceedings were issued, rendering the claim statute-barred under the Limitation Act 1980.

Parties
Claimant/appellant: Jan Collins; Defendant/respondent: Tesco Stores Ltd
Jurisdiction
England and Wales
Judgment Date
24 July 2003
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; claim dismissed as statute-barred
Legal Topics
Personal Injury, Employer's Liability, Limitation Periods, Manual Handling Operations
Tort Law Employment Law Limitation Law Personal Injury Employer's Liability Limitation Periods Manual Handling Operations

Case Brief

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Parties

Jan Collins

Claimant/appellant

Tesco Stores Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant's action was statute-barred under the Limitation Act 1980
  2. 2 When the claimant had knowledge of a significant injury
  3. 3 When the claimant had knowledge that the injury was attributable to her work

Ratio Decidendi

The claimant had knowledge of both the significance of her injury and its attribution to her work by January 1998, more than three years before proceedings were issued, rendering the claim statute-barred under the Limitation Act 1980.

Court Disposition

Appeal allowed; claim dismissed as statute-barred

Orders

  • Appeal allowed with costs here and below subject to detailed assessment