Date of Knowledge in UK Law

Leading Cases
  • Halford v Brookes and Another
    • Court of Appeal (Civil Division)
    • 26 nov. 1990

    In this context "knowledge" clearly does not mean "know for certain and beyond possibility of contradiction". It does, however, mean "know with sufficient confidence to justify embarking on the preliminaries to the issue of a writ, such as submitting a claim to the proposed defendant, taking legal and other advice and collecting evidence".

  • Stubbings v Webb
    • Court of Appeal (Civil Division)
    • 27 mar. 1991

    To distinguish between the immediate impairment of the plaintiff's mental condition caused by these acts, apparently minor and transient, and the much more serious long-term impairment of the plaintiff's mental condition, the attributability of which to the Webbs' conduct was only appreciated later, is not in my judgment to defeat the intention of the legislature but to promote it.

  • AB & Others v Ministry of Defence
    • Supreme Court
    • 14 mar. 2012

    The investigation upon which the claimant should reasonably embark is into whether in law he has a valid claim (in particular whether the act or omission of the defendant involves negligence or other breach of duty, being a matter of which the claimant is specifically not required to have had knowledge under section 14(1)) and, if so, how that claim can be established in court. The focus is upon the moment when it is reasonable for the claimant to embark on such an investigation.

  • Haward and Others v Fawcetts (A Firm) and Another
    • House of Lords
    • 01 mar. 2006

    It means knowing with sufficient confidence to justify embarking on the preliminaries to the issue of a writ, such as submitting a claim to the proposed defendant, taking advice, and collecting evidence: 'suspicion, particularly if it is vague and unsupported, will indeed not be enough, but reasonable belief will normally suffice'. In other words, the claimant must know enough for it to be reasonable to begin to investigate further.

  • Dobbie v Medway Health Authority
    • Court of Appeal (Civil Division)
    • 11 mai 1994

    Time starts to run against the claimant when he knows that the personal injury on which he founds his claim is capable of being attributed to something done or not done by the defendant whom he wishes to sue. This condition is not satisfied where a man knows that he has a disabling cough or shortness of breath but does not know that his injured condition has anything to do with his working conditions.

  • Berger v Eli Lilly & Company
    • Court of Appeal (Civil Division)
    • 28 août 1992

    In applying the section to the facts of these cases, we shall proceed on the basis that knowledge is a condition of mind which imports a degree of certainty and that the degree of certainty which is appropriate for this purpose is that which, for the particular plaintiff, may reasonably be regarded as sufficient to justify embarking upon the preliminaries to the making of a claim for compensation such as the taking of legal or other advice.

  • Adams v Bracknell Forest Borough Council
    • House of Lords
    • 17 juin 2004

    It is true that the plaintiff must be assumed to be a person who has suffered the injury in question and not some other person. In my opinion, section 14(3) requires one to assume that a person who is aware that he has suffered a personal injury, serious enough to be something about which he would go and see a solicitor if he knew he had a claim, will be sufficiently curious about the causes of the injury to seek whatever expert advice is appropriate.

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Legislation
  • Limitation Act 1975
    • UK Non-devolved
    • 1 janvier 1975
    ......period is three years from—.  . (a. ) the date on which the cause of action. accrued, or.  . (b. ) the date (if later) of the plaintiff's knowledge. (5) If the person injured dies before the expiration. of the period in ......
  • Limitation Act 1980
    • UK Non-devolved
    • 1 janvier 1980
    ......expiration of six years from the date on which the cause of action. accrued. S-3 . Time limit in case of ... .   . ( b . ) the date of knowledge (if later) of the person injured. . (5) If the person injured dies ......
  • Latent Damage Act 1986
    • UK Non-devolved
    • 1 janvier 1986
    ...... to below in this Act as the 1980 Act) immediately after section 14 (date of knowledge for purposes of special time limits for actions in respect of ......
  • Consumer Protection Act 1987
    • UK Non-devolved
    • 1 janvier 1987
    ......the Council of the European Communities, dated 25th. July 1985, (No. 85/374/EEC) on the approximation of. the laws, ... . . (e) that the state of scientific and technical knowledge at. the relevant time was not such that a producer of. products of the ......
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Books & Journal Articles
  • Dust on the Streets and Liability for Environmental Cancers
    • Num. 60-2, March 1997
    • The Modern Law Review
    ......’ appeal was dismissed by the Court of Appeal in a judgment dated 2 April 1996. In preparing this note, we have relied upon transcripts of ... Disease (Aldershot: Dartmouth, 1993), ch 6 and Greenberg, ‘Knowledge of the Health Hazard of Asbestos Prior to the Merewether Price Report’ ......
  • II Council of Europe
    • Num. 13-3, September 1995
    • Netherlands Quarterly of Human Rights
    ...... Court of Appeal until 24 September 1992, on which date he was surrendered to the Swiss authorities pursuant to the order ... years from the date on which the plaintiff had knowledge that he or she had grounds to bring a claim. The High Court ......
  • Latent Damage—Squaring the Circle?
    • Num. 48-5, September 1985
    • The Modern Law Review
    ...... be expected to pursue claims of which they have no knowledge. The dilemma is how to draw a reasonable balance ... 564 . Sept. 19851 REPORTS OF COMMIlTEES 565 that date in which to issue proceedings. Since defendants have no way of ......
  • Industrial Disputes Order, 1951
    • Num. 14-4, October 1951
    • The Modern Law Review
    ...... empowered to make the award retrospectiva to the date on which the employer became aware of his obligation. ... subjective criterion of retro- activity (’ date of knowledge ’) which existed alongside the objective criterion (the date ......
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Law Firm Commentaries
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