The Court of Appeal has again examined constructive knowledge in the context of limitation in disease cases. The defendant was successful in this Noise Induced Hearing Loss claim as the Court of Appeal imputed the claimant with constructive knowledge considerably earlier than the three year period for bringing proceedings. In the context of burgeoning numbers of claims for NIHL, the Court of Appeal usefully re-examined key cases on this subject and the operation of the relevant sections of the Limitation Act 1980 which will be of particular significance for late claims being pursued well out of time. DWF partner Helen Elsworth acted for the Department for Transport who inherited the liabilities for BRB (Residuary) Ltd after it was abolished on 30 September 2013.
Constructive knowledge and limitation: revisited and restated
Howard Platt v BRB (Residuary) Limited, Court of Appeal, 31/10/2014