Coad v Cornwall & Isles of Scilly Health Authority

(1997) 8 Med LR 154

COURT OF APPEAL

Lord Justice ROSE, Lord Justice WARD, and Lord Justice JUDD

Limitation — Discretion — Reasons for delay — Cogency of evidence — Nurse injured while lifting quadriplegic patient — Action commenced 8½ years after accident — Plaintiff believing she had right of action only if she was incapacitated and unable to work — Plaintiffs explanation for delay accepted by trial judge — Judge's decision that, although evidence at the trial would be less cogent and defendants would have difficulty in evaluating claim, case was remarkably well documented — Judge exercising his discretion under Limitation Act 1980 sect 33 in favour of plaintiff — Whether test when applying sect 33 (a) was objective or subjective — Whether defendants had established that judge was so plainly wrong that his decision exceeded ambit within which reasonable disagreement was possible