header-logo header-logo

01 April 2010 / Keith Patten
Issue: 7411 & 7412 / Categories: Features , Personal injury
printer mail-detail

Constructing knowledge

Keith Patten examines the complex & inconsistent area of PI limitation law

The desire for certainty and finality has long been advanced as one of the traditional justifications for the existence of limitation periods. As such it is ironic that quite so many acres of forests have been used up to produce judgments on the intricate nuances of limitation in personal injury cases. The Court of Appeal has now added another contribution, but it is hard to see that anything has been clarified.

The case in question is Whiston v London Strategic Health Authority [2010] EWCA Civ 195, [2010] All ER (D) 56 (Mar). The claimant was born on 6 September 1974 and suffered cerebral palsy as a result of being deprived of oxygen during the birth process. The allegations of negligence were that a relatively junior doctor had persisted in an attempt at a forceps delivery for too long a period and with the wrong type of forceps. It was said that once a more senior doctor was called he achieved delivery with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll