Archive for February, 2009

Limitation again - Wood v Ministry of Defence

Monday, February 23rd, 2009

There was an interesting case on Limitation in Middlesbrough (High court) recently: Wood v MoD. Unfortunately, it is not available on BAILII, but I have a copy of the judgement if you care to email me.

Nothing new, as such, but a very interesting and useful case on S14.

Claimant had developed parkinson’s, he thought from his exposure to particular substances in his work in the Services.  none of his medical advisers at that time were of that view.  Legal Aid was refused to enable him to pursue case at that time.

over 10 years later he finds, and obtains evidence to the effect that, he was right.

court found that he didn’t have relevant knowledge for S14 purposes until recently (so he had issued within time). court also held that S33 discretion would have been exercised, had it been necessary, since the defence was well able to defend the claim (all relevant witnesses and documents still available).