C alleges negligence on the part of D in failing to exclude a stroke and in failing to refer him for urgent investigations. The claim was issued on 10 October 2017, just under 8 years from the date of the injury. In the Particulars of Claim C asserts that he is a protected party.
D denies that C is a protected party [3]
C asserts that the limitation period has not started to run because, since the date of the accrual of the cause of action, he has lacked capacity… His secondary position… is that he did not have the requisite knowledge… Lastly he seeks the disapplication of the provisions of the LA by exercise of the court’s powers under section 33 LA. [4]
C has current capacity [99]
C had acquired actual or constructive knowledge [108]
I am particularly satisfied that it will be possible to have a fair trial of the issues arising in this claim. In the circumstances I find that it would be equitable to allow this action to proceed. [121]
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