Kelly v Bastible

[1997] LS Law Med 15

COURT OF APPEAL

Lord Justice BUTLER-SLOSS, Lord Justice MILLETT, and Lord Justice WALLER

Limitation — Prejudice — Discretion — Insurance — Action by plaintiff suffering from cerebral palsy allegedly caused by medical negligence — Deceased doctor accused of negligence — Writ issued against doctor's estate 24 ½ years after birth — Finding by trial judge that plaintiff had actual or constructive knowledge before age of majority — Exercise of court's discretion under section 33 — Correct approach when considering prejudice under Limitation Act 1980 section 33 defendant was insured was to treat insurer and defendant as composite unit even where plaintiff had no claim over against his solicitors — Abuse of process — Delay — Cerebral palsy allegedly caused by negligence at birth — Writ issued 24 ½ years after cause of action arose — Whether abuse of process