Limitations

Norton v Corus CA (Civ Div) [2006] All ER (D) 164 (Nov)

Counsel: For the appellant: Ian Skelt For the respondent: Mr LeGard Solicitors: For the appellant: Beresfords For the respondent:Whitfield Hallam Goodall

N appealed against the decision of a judge on the preliminary issue that his claim for personal injury against C, his former employer, was out of time. N had worked at various steel works between 1969 and 1998. That work had involved using vibrating tools, and from around 1992 N had suffered a range of symptoms of hand and arm vibration syndrome. He took no steps to bring a claim relating to this injury until he discovered that a relative had made a successful claim against another employer. In 2003 he consulted a solicitor and a medical expert, and proceedings were issued for negligence and breach of statutory duty. The judge who heard the preliminary issue decided that, for the purpose of the Limitation Act 1980, the claimant had actual knowledge in 2003, but that he had been possessed of constructive knowledge that he was suffering from hand and arm vibration syndrome in 1997, and probably even in 1992 or 1993.