Bates v Leicester Health Authority

[1998] LS Law Med 93

QUEEN'S BENCH DIVISION

and Mr Justice DYSON

Limitation — Knowledge — Discretion — Knowledge by plaintiff born in 1968 that his cerebral palsy was caused by duration of his mother's labour — Writ issued on February 10, 1995 — Whether plaintiff fixed with knowledge of omission which constituted alleged negligence — Constructive knowledge of plaintiff with great difficulties of communication where potential source of knowledge was parent — Whether equitable to allow action to proceed if writ was issued more than three years after date of knowledge of attributability