Norton v Corus UK Ltd

Norton v Corus UK Ltd

The claimant had constructive knowledge of his injury and its cause by at least 1997, as HAVS was well known in the industry and medical profession, and a reasonable person with his symptoms would have sought advice. The claim was therefore statute-barred.

Parties
Claimant/appellant: Norton; Defendant/respondent: Corus UK Ltd
Jurisdiction
England and Wales
Judgment Date
13 November 2006
Procedural Posture
Civil Appeal / Appeal From Trial of Preliminary Issue (limitation)
Outcome
Appeal dismissed
Legal Topics
Personal Injury, Limitation Periods, Constructive Knowledge, Employer's Liability
Tort Employment Law Limitation Personal Injury Limitation Periods Constructive Knowledge Employer's Liability

Case Brief

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Parties

Norton

Claimant/appellant

Corus UK Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial of Preliminary Issue (limitation)

Legal Issues

  1. 1 Whether the claimant's claim for personal injuries was time-barred under the Limitation Act 1980
  2. 2 Whether the claimant had constructive knowledge of his injury and its cause more than three years before issuing proceedings

Ratio Decidendi

The claimant had constructive knowledge of his injury and its cause by at least 1997, as HAVS was well known in the industry and medical profession, and a reasonable person with his symptoms would have sought advice. The claim was therefore statute-barred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; claim remains statute-barred