Pavey v Ministry of Defence

[1999] Lloyd's Rep Med 09

COURT OF APPEAL

Lord Justice BELDAM, Lord Justice Swinton THOMAS, and Lord Justice PILL

Procedure — Medical negligence action — Master deciding preliminary issues under section 33 of the Limitation Act and, with the consent of the parties, under section 14 of the Limitation Act — Whether Master had jurisdiction to try issue of knowledge under section 14 of the Limitation Act 1980 — Whether Appeal lies to the Court of Appeal or to the Judge in Chambers — Limitation — whether Master's decision as to date of knowledge and his refusal to exercise section 33 discretion were justified