Platt v BRB (Residuary) Ltd

Limitation of action – Personal injury claim. In 2011, the claimant brought proceedings against the defendant, his former employer, for damage to his hearing. The judge allowed the claim and held that, on the issue of limitation, it had not been reasonable to have expected the claimant specifically to ask his doctor about the cause of his hearing problems in 1997. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held that, applying the appropriate test in s 14(3) of the Limitation Act 1980, it had been reasonable to expect the claimant to ask the doctor what had caused his hearing loss in all the circumstances of the case.

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