LIMITATION AND DATE OF KNOWLEDGE: NO SPECIAL RULE BECAUSE THE CLAIMANT WAS A SOLICITOR

Civil Litigation Brief

I am grateful to Thomas Jervis of Leigh Day for sending me a copy of the judgment of Mr Justice Goss in Lewin -v- Glaxo Operations UK Limited [2016] EWHC 3331 (QB), an interesting decision in relation to limitation.

(A copy of the case is available here lewin)

KEY POINTS

  • The claimant had suffered late onset symptoms following Myodil being used.
  • The date of knowledge was the date on which the diagnosis of Myodil was made.
  • The fact that the claimant was a solicitor and had read about the Myodil Group Litigation in the Law Society Gazette did not fix the claimant with date of knowledge at the date of that article.  His symptoms were not attributed to Myodil at that time.
  • In any event, if necessary, the judge would have exercised his discretion under Section 33 of the Limitation Act 1980.

THE CASE

The claimant is aged 59…

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