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

Forgotten your password?

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

Employment Appeal Tribunal rules no entitlement to pay for zero-hour worker during a period of suspension

In a recent case the Employment Appeal Tribunal determined that, as a zero-hour worker, the Claimant was not entitled to be paid whilst he was suspended pending an investigation into an allegation of misconduct.

View blog

Business and Property Courts: remote hearings to remain, for now…

For business disputes, it looks likely that remote hearings will be an option into the future.

View blog

World Patient Safety Day 2021 - safe maternal and newborn care

Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up