Nash & Others v Eli Lilly & Others

[1992] LS Law Med 353

COURT OF APPEAL

Lord Justice PURCHAS, Lord Justice Ralph GIBSON, and Lord Justice MANN

Limitation of action — Personal injuries — Multiparty pharmaceutical action (Opren) — Writs issued after three years from date on which cause of action arose — Whether claims time barred — Date of plaintiff's knowledge (a) that injury significant, (b) that injury attributable to act or omission alleged to constitute negligence or breach of duty, (c) of defendant's identity — Meaning of “act or omission”, “attributable” and “knowledge” — Whether court should exercise discretion to permit actions to proceed — Whether plaintiffs failed to take all reasonable steps to obtain expert advice — Limitation Act 1980 sects 11(4) (a)(b), 14(1)(a)(b)(c),(2),(3), 33(1),(3). — Costs — Group action — Lead plaintiff's entitlement to costs in legal aid cases