Farthing v NE Essex Health Authority

[1998] Lloyd's Rep Med 37

COURT OF APPEAL

Lord Justice Simon BROWN, and Mrs Justice HALE

Limitation — Discretion — Factors to be considered by court — Whether Court of Appeal should set aside judge's decision — Limitation Act 1980 sect 33 — Prejudice — Impairment of evidence — Whether judge had placed insufficient weight upon absence of statement from surgeon who conducted operation negligently — Effect of post-operative letters written by surgeons