AB and others v Ministry of Defence – WLR Daily

Posted June 9th, 2009 in class actions, law reports, limitations, personal injuries by sally

AB and others v Ministry of Defence [2009] EWHC 1225 (QB); [2009] WLR (D) 174

“In relation to a group action the issue as to when a claimant had “knowledge” for the purposes of ss 12 and 14 of the Limitation Act 1980 was primarily one of fact The state of the claimant’s belief was to be considered, as also whether he thought it necessary to refer his belief to experts, medical or legal, or others. In relation to words used by a witness when being asked about his state of mind at a particular time in the past, his actions (or inactions) at the time about which he was being asked might require the words used or accepted in evidence to be viewed with circumspection.”

WLR Daily, 8th June 2009

Source: www.lawreports.co.uk

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