Skitt v Khan

[1997] LS Law Med 105

COURT OF APPEAL

Lord Justice ROCH, and Lord Justice THORPE

Limitation — Knowledge — Discretion — Deceased injuring his leg in 1977 — Psoriasis diagnosed in 1982 — Varicose ulcer diagnosed in 1984 — On August 10 1986 deceased told that he had cancer in his leg — Deceased deciding not to take action because of lack of finance — On July 4, 1992, deceased died of cancer — Action commenced January 7, 1994 — Whether judge correctly found that deceased did not have actual or constructive knowledge — Whether judge's exercise of discretion in favour of plaintiff would have been flawed