Sir Robert Lloyd & Co Ltd. & Ors v Hoey

Sir Robert Lloyd & Co Ltd. & Ors v Hoey

The claimant did not know he had suffered a significant injury until 2008, so proceedings commenced within three years of the date of knowledge as defined by the Limitation Act 1980; the claim is not statute barred.

Parties
Appellants: Sir Robert Lloyd & Co Ltd & Ors; Respondent: Mr Bernard Hoey
Jurisdiction
England and Wales
Judgment Date
09 September 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Preliminary Limitation Issue
Outcome
appeal dismissed
Legal Topics
Employers Liability, Statute of Limitations, Asbestos Related Disease, Date of Knowledge, Limitation Act 1980
Personal Injury Employment Law Limitation Law Employers Liability Statute of Limitations Asbestos Related Disease Date of Knowledge Limitation Act 1980

Case Brief

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Parties

Sir Robert Lloyd & Co Ltd & Ors

Appellants

Mr Bernard Hoey

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Preliminary Limitation Issue

Legal Issues

  1. 1 Whether the claimant commenced proceedings within three years of the date of knowledge under s. 11(4)(b) of the Limitation Act 1980
  2. 2 Whether the claim is statute barred

Ratio Decidendi

The claimant did not know he had suffered a significant injury until 2008, so proceedings commenced within three years of the date of knowledge as defined by the Limitation Act 1980; the claim is not statute barred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment for claimant on limitation issue; directions for early trial on liability and quantum.