Roberts v Winbow

[1999] LS Law Med 31

COURT OF APPEAL

Lord Justice ROCH, and Mrs Justice HALE

Limitation — Knowledge — Discretion — Significance of injury — Whether short-term but severe symptoms which in the opinion of the trial judge would attract general damages of less than £2,000 could in themselves constitute a significant injury — Attributability — Whether time runs against a plaintiff when she knows that any significant part of her injuries are capable of being attributed to an act or omission on the part of the defendant, or only when she knows that the main part of those injuries are so attributable — Whether a plaintiff has knowledge of attributability if her firm belief that her injuries are attributable to an act or omission on the part of the defendant is not shared by those treating her — Whether equitable to allow action to proceed if brought out of time