Davis v Jacobs & Camden

[1999] LS Law Med 72

COURT OF APPEAL

Lord Justice BROOKE, Lady Justice BUTLER-SLOSS, and Lord Justice CLARKE

Limitation — Date of knowledge — Section 14(1)(b) Limitation Act 1980 — Knowledge that injury attributable to prescription of drugs — Circumstances in which appellate court will reverse finding of fact of judge on “knowledge” — Limitation — Section 33 Limitation Act 1980 — Discretion to disapply — Circumstances in which appellate court will exercise the discretion afresh — Judge misunderstanding evidence and effect on discretion — Extent to which prospects of success of claim can be taken into consideration in exercise of discretion — Relevance of plaintiff's medical condition (short of disability) to exercise of discretion — Relevance of plaintiff's credibility to exercise of discretion — Section 33(3)(e) conduct of the plaintiff only (and not agents) relevant to exercise of discretion