Limitation: Did Curiosity Kill the Cat? - Luke Andrew Menary, Barrister, Liverpool Civil Law
03/10/10. Considering the impact of Collins v The Secretary of State for Business Innovation and Skills [2014]. While working at London Docks between 1947 and 1967, the claimant assisted in unloading cargoes of asbestos. In early 2002 he became unwell, and shortly thereafter was diagnosed as suffering from inoperable lung cancer. He consulted with his doctor on numerous further occasions, happily made a good recovery, and was discharged fully in 2008.
An advertisement in the Daily Mail, relating to various industrial diseases, prompted the claimant to instruct a solicitor in 2009. His claim was issued in the High Court in 2012.
The Court of Appeal, upholding the decision of the High Court, found that whilst the claimant did not have actual knowledge of the possible link between the lung cancer and his exposure to asbestos, he should have asked his doctor as to the cause of his cancer by around mid-2003. Had he asked, it would be inconceivable that his doctor would not have mentioned asbestos exposure as a possible cause. The claimant was therefore deemed to have constructive knowledge of the link by mid-2003, which meant the three-year limitation period expired in mid-2006. His claim was therefore time-barred, and the Court...
Image cc flickr.com/photos/aigle_dore/6672148713/ 03/10/10
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