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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.

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