0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

the limitation pendulum

12 November 2012

The limitation pendulum swings regularly between claimant and defendant but the decision in Johnson v MOD is an indication that the swing is presently towards the defendant.

Johnson appealed a decision that by 2001 he had known that his hearing loss had been contributed to by exposure to noise between 1965-79.

The Court of Appeal agreed that the claimant did not have actual knowledge by 2001, but following the demanding test in Adams v Bracknell Forest 2004 a reasonable person would have been sufficiently curious as to the cause of his significant condition so as to be deemed by 2002 to have had (constructive) knowledge that the cause of his condition was noise induced deafness.

related opinions

A year on: the Capped Costs Pilot Scheme

On 14 January 2019 a Capped Costs Pilot Scheme was introduced in the Leeds and Manchester Business and Property Courts, and has been set to run for two years.

View blog

Election outcome - Conservative NHS plans?

The NHS was one of the most prominent aspects of the election campaigns and, on the basis of the Tory manifesto, we can now plan.

View blog

Supreme Court provides comfort to public authorities facing village green applications

In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.

View blog

UK universities receive fire and safety complaints

Statistics released by Eaton indicate that 1 in 4 Universities have received complaints about fire safety issues or building evacuation procedures from students, staff or members of the public in the last 5 years.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up