Jersey Judgment

Maynard v Psc [1995] JLR 65 (17 March 1995)

Limitation of Actions Tort Prescription Period Latent Injury Commencement of Limitation Period

Citation: [1995] JLR 65
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

The prescription period in tort actions begins from the first date on which damages could be awarded, irrespective of the plaintiff's knowledge of the injury.

Court disposition

claim dismissed

Material facts

Parties

Maynard

Plaintiff

Psc

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

When does the prescription period commence in tort actions involving latent injury?

Party arguments

Applicant: The plaintiff could not have known of the latent injury at the time it occurred and argues that the prescription period should commence from the date of discovery.
Respondent: The defendant contends that time runs from the first date on which the plaintiff could have been awarded damages, regardless of knowledge of the injury.

Court’s reasoning

Legal principles

01
[1995] JLR 65

Time runs from the first date on which the plaintiff could be awarded damages, even if the plaintiff did not and could not know of the latent injury.

Ratio, limits and disposition

Ratio decidendi

The prescription period in tort actions begins from the first date on which damages could be awarded, irrespective of the plaintiff's knowledge of the injury.

Court disposition

claim dismissed

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Source document

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Judgment text

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Court record

Judgment

[1995] JLR 65

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