London Strategic Health Authority v Whiston

London Strategic Health Authority v Whiston

The claimant had constructive knowledge of the facts giving rise to his claim by his early twenties and thus the claim was statute-barred under the Limitation Act 1980. However, the court exercised its discretion under section 33 to disapply the limitation period, finding it equitable to allow the claim to proceed given the possibility of a fair trial and the significant prejudice to the claimant if barred.

Parties
Appellant: London Strategic Health Authority; Respondent: Whiston
Jurisdiction
England and Wales
Judgment Date
05 March 2010
Procedural Posture
Civil Appeal / Judgment on Appeal From Queen’s Bench Division
Outcome
Appeal allowed in part; cross-appeal allowed; limitation period disapplied under section 33; claim permitted to proceed.
Legal Topics
Constructive Knowledge, Actual Knowledge, Section 33 Discretion, Personal Injury, Statute Barred Claims
Limitation of Actions Medical Negligence Constructive Knowledge Actual Knowledge Section 33 Discretion Personal Injury Statute Barred Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

London Strategic Health Authority

Appellant

Whiston

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Queen’s Bench Division

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1980
  2. 2 Whether the claimant had actual or constructive knowledge of the facts giving rise to the claim
  3. 3 Whether the court should exercise its discretion under section 33 to disapply the limitation period

Ratio Decidendi

The claimant had constructive knowledge of the facts giving rise to his claim by his early twenties and thus the claim was statute-barred under the Limitation Act 1980. However, the court exercised its discretion under section 33 to disapply the limitation period, finding it equitable to allow the claim to proceed given the possibility of a fair trial and the significant prejudice to the claimant if barred.

Court Disposition

Appeal allowed in part; cross-appeal allowed; limitation period disapplied under section 33; claim permitted to proceed.

Orders

  • Section 11 of the Limitation Act 1980 disapplied under section 33.
  • Claim permitted to proceed to trial.