Date of Knowledge in UK Law
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Stubbings v Webb
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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.
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AB & Others v Ministry of Defence
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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.
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Halford v Brookes and Another
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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".
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Leslie Francis Bellinger and Another v Mercer Ltd and Another
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Miss Lee's evidence relevant to the issue I am now considering is little more than bare assertion. It is asserted that in fact knowledge that the loss allegedly attributable to the breaches the claimant now wishes to advance were attributable to the negligence of the defendant was only acquired as a result of advice from an expert. As I have noted already, both parties asked me to determine this application as a conventional application for permission to amend.
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Berger v Eli Lilly & Company
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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.
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Dobbie v Medway Health Authority
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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.
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Horton v Sadler and another
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In resolving an application under section 33 the court must make a decision of which the inevitable effect is either to deprive the defendant of an accrued statute-bar defence or to stifle the claimant's action against the tortfeasor who caused his personal injuries.
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Automated and Electric Vehicles Act 2018
... ... The Secretary of State must prepare, and keep up to date, a list of all motor vehicles that ... made by the insured person, or with the insured person's knowledge, that are prohibited under the policy, or ... ...
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Limitation Act 1980
... ... tort shall not be brought after the expiration of six years from the date on which the cause of action accrued ... 3: Time limit in case of ... the date of knowledge (if later) of the person injured ... ...
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Latent Damage Act 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 ... ...
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Consumer Protection Act 1987
... ... that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same ... is served, for such period ending not more than six months after the date of the notice as is specified therein, from doing any of the following ... ...
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Dust on the Streets and Liability for Environmental Cancers
... ... Disease (Aldershot: Dartmouth, 1993), ch 6 and Greenberg, ‘Knowledge of the Health Hazard of Asbestos Prior to the Merewether Price Report’ ... As such, he took the ‘date of knowledge’ for these purposes to be 1933. This date was chosen ... ...
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Latent Damage—Squaring the Circle?
... ... 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 ... ...
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Industrial Disputes Order, 1951
... ... 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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Notes Of Cases
... ... - tion of justice that the Court should have knowledge of and, if need be, take into consideration, the ... established period of six years to three years from the date of accrual of the cause of action. This change, ... ...
- Broadly Pleaded Claims Based On Date Of Knowledge In Misfeasance And Wrongful Trading Claims Struck Out (Chandler v Wright)
- Date Of Knowledge Clarification - UK Insurance Ltd v (1) Carillion Specialist Services Ltd (2) Construction Auditing Services Ltd [2019] EWHC 1588 (TCC)
- Trustee Knowledge And Understanding - A New Way To Keep Up-To-Date
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Public Procurement Briefing - September 2011
... ... the bidder knew, or ought to have known, of the infringement (the "date of knowledge"). The requirement to bring claims promptly was unclear. As ... ...
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Medical report - low value personal injury claims in employers' liability and public liability (£1,000 - £25,000)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Section A — Claimant’s details ... Date of birth ... Claimant’s full name ... Occupation ... 1.1 Were medical ... own knowledge and which are not. Those that are within my own knowledge I confirm to be ... ...
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Medical report
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Section A — Claimant’s details ... Date of birth ... Claimant’s full name ... Occupation ... 1.1 Were medical ... own knowledge and which are not. Those that are within my own knowledge I confirm to be ... ...
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Request for judgment Summons
County Court forms including the N1 money claim form.... ... For court use only ... Defendant’s ... address(1) ... Issue date: ... Hearing date: ... enter names ... and addresses of ... all defendants ... (s) at the address(es) given, will come to his/her (their) knowledge in time for him/her ... (them) to comply with it ... I understand that no ... ...
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Application for Certificate to Levy Distress
Enforcement forms including forms used by judges.... ... A renewal of a general bailiff’s certificate ... Date of birth ... Telephone N0 ... 2b. Business ... Telephone N0 ... ... that you are a fit and proper person and have a sufficient knowledge ... of the law of distress ... Please give any information below which ... ...