Johnson v Ministry of Defence and Hobourn Eaton Ltd

Johnson v Ministry of Defence and Hobourn Eaton Ltd

A reasonable person in the appellant's position would have consulted a GP about the cause of deafness by the end of 2002, and would have acquired knowledge that the deafness might be attributable to noise exposure; thus, the limitation period expired before the claim was commenced, rendering it statute-barred.

Parties
Appellant: Joseph Johnson; First Respondent: Ministry of Defence; Second Respondent: Hobourn Eaton Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2012
Procedural Posture
Civil Appeal / Appeal From Medway County Court Judgment on Limitation
Outcome
Appeal dismissed; claim statute-barred.
Legal Topics
Limitation Period, Constructive Knowledge, Noise Induced Deafness, Attributability, Section 11 and 14 Limitation Act 1980
Tort Personal Injury Limitation Limitation Period Constructive Knowledge Noise Induced Deafness Attributability Section 11 and 14 Limitation Act 1980

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Parties

Joseph Johnson

Appellant

Ministry of Defence

First Respondent

Hobourn Eaton Limited

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Medway County Court Judgment on Limitation

Legal Issues

  1. 1 Whether the appellant had constructive knowledge of attributability of his deafness to noise exposure for purposes of limitation
  2. 2 Whether the appellant should have reasonably sought expert advice about the cause of his deafness

Ratio Decidendi

A reasonable person in the appellant's position would have consulted a GP about the cause of deafness by the end of 2002, and would have acquired knowledge that the deafness might be attributable to noise exposure; thus, the limitation period expired before the claim was commenced, rendering it statute-barred.

Court Disposition

Appeal dismissed; claim statute-barred.

Orders

  • Appeal dismissed
  • No extension of limitation period under section 33