Description
Claimant's Case Not Statute Barred:Griffith Williams J. held that the trial judge had been incorrect to conclude that a patient's claim against an NHS Trust was statute barred as, on the evidence, her date of constructive knowledge brought her within section 14(3) of the Limitation Act 1980. Although the judge had accepted the claimant's evidence that she made regular visits to her GP, he failed to address the fact that she went along with the doctor's advice that her pain would go away. In any event, he should have exercised his discretion under section 33 of the Act in any event.
