header-logo header-logo

25 September 2015 / Timothy Trotman
Issue: 7669 / Categories: Features
printer mail-detail

Entering the unknown

nlj_7669_trotman

When it comes to negligence, ignorance certainly isn’t bliss, says Tim Trotman

Section 14A (9) of the Limitation Act 1980 provides “knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for purposes of sub-s (5) above”. It may be relevant to ask whose negligence is under consideration. The question arises especially in the context of an action for alleged professional negligence by lawyers, where the substantive claim also involved professional duties; this was a major point in Chinnock v Veale Wasbrough and another [2015] EWCA Civ 441, [2015] All ER (D) 65 (May) where the substantive claim was one of clinical negligence.

Authorities before Chinnock

By way of background, in Oakes v Hopcroft 2000 Ll RPM 246, [2000] All ER (D) 1064, the claimant bringing a personal injury claim, was advised by a medical expert that the index injury had not caused her inability to work. She settled for a modest sum. Seven years later a medical report identified a permanent brachial plexus traction injury; and

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll