White v EON & Ors

White v EON & Ors

The claimant had constructive knowledge of the cause of his injury by the end of 1996 because, by then, he had a significant combination of symptoms that made it reasonable to expect him to seek medical advice, which would have revealed the nature and cause of his condition. The claim was therefore time-barred under the Limitation Act 1980.

Parties
Appellant: White; Respondent: EON & ORS
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Civil Appeal / Appeal From Judgment on Preliminary Issue (limitation)
Outcome
Appeal dismissed
Legal Topics
Limitation Period, Constructive Knowledge, Personal Injury Claims, Employer's Liability
Tort Personal Injury Limitation Limitation Period Constructive Knowledge Personal Injury Claims Employer's Liability

Case Brief

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Parties

White

Appellant

EON & ORS

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment on Preliminary Issue (limitation)

Legal Issues

  1. 1 Whether the claimant had constructive knowledge of the cause of his injury before 2003 for limitation purposes under the Limitation Act 1980

Ratio Decidendi

The claimant had constructive knowledge of the cause of his injury by the end of 1996 because, by then, he had a significant combination of symptoms that made it reasonable to expect him to seek medical advice, which would have revealed the nature and cause of his condition. The claim was therefore time-barred under the Limitation Act 1980.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of the lower court upheld