The case of Aderounmu involved a preliminary issue on limitation for a claimant who was alleged to lack the mental capacity to manage the litigation. The Court had to decide whether he was under a disability, if not when his date of knowledge arose, and if it was more than 3 years before the proceedings […]
In Wilkins v University Hospital North Midlands NHS Trust, the High Court was called upon to determine the date of knowledge for limitation purposes and whether the court should exercise its discretion to extend time in a claim arising out of treatment in 2009 and 2010, but only issued in 2019.
In Azam, Saini J dismissed the Defendant NHS Trust’s appeal, and as such the Claimant’s claim was allowed to proceed under s.33 Limitation Act. This was despite the fact that the claim had been brought c. 18 years outside the primary limitation period, and where the surgeon who had performed the index operation had died. […]
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