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05 January 2018 / Simon Anderson
Issue: 7775 / Categories: Features , Procedure & practice , Personal injury , Limitation
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No time to waste

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Simon Anderson discusses the elastic limitation period post-Carroll

  • A defendant cannot sit on its laurels and argue that it has been prejudiced by the mere fact of the expiry of the primary limitation period in personal injury claims.

The claimant was a serving police officer involved in covert drug operations that required him to undertake test purchases of heroin. His case centred on an allegation that he was exposed to the drug in circumstances that led to him become addicted and subsequently develop a serious depressive disorder. Limitation was tried as a preliminary issue and the claimant succeeded as a litigant in person. The defendant appealed.

On appeal to the Court of Appeal the claimant accepted that the trial judge had erred by taking into account the consequences of disclosing his addiction to his employer as part of the s 14 enquiry; indeed, he must have appreciated that he was addicted when consulting the Lifeline drugs charity more than four years before his claim was brought. It was therefore between

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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