Collins v Tesco Stores Ltd [2003] EWCA Civ 1308 (24 July 2003)

Collins v Tesco Stores Ltd [2003] EWCA Civ 1308 (24 July 2003)

The claimant had knowledge of a significant injury and its attribution to her work by 14 January 1998. Therefore, the action commenced on 26 January 2001 was outside the three-year limitation period and is statute-barred.

Citation
[2003] EWCA Civ 1308
Parties
Claimant/appellant: Jan Collins; Defendant/respondent: Tesco Stores Ltd
Jurisdiction
England and Wales
Judgment Date
24 July 2003
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; claim dismissed as statute-barred.
Legal Topics
Personal Injury, Employer's Liability, Limitation Period, Manual Handling Operations Regulations 1992
Tort Employment Law Limitation Personal Injury Employer's Liability Limitation Period Manual Handling Operations Regulations 1992

Case Brief

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Parties

Jan Collins

Claimant/appellant

Tesco Stores Ltd

Defendant/respondent

Procedural Posture

Personal Injury 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 Whether the claimant had knowledge of a significant injury and its attribution to her work before the limitation period expired
  3. 3 Appropriateness of damages awarded for loss of earnings

Ratio Decidendi

The claimant had knowledge of a significant injury and its attribution to her work by 14 January 1998. Therefore, the action commenced on 26 January 2001 was outside the three-year limitation period and is statute-barred.

Court Disposition

Appeal allowed; claim dismissed as statute-barred.

Orders

  • Appeal allowed
  • Claim dismissed