Broadley v Guy Clapham & Company
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 06 July 1993 |
| Date | 06 July 1993 |
Broadley
and
Guy Clapham & Co
Court of Appeal
Negligence - medical negligence - limitation of actions - knowledge of plaintiff
Knowledge fixes cause of action
A person alleging medical negligence was fixed with a cause of action when she knew, or could have known with the help of medical advice reasonably obtainable, that her injury had been caused by damage resulting from something done or not done by the surgeon during her operation. Knowledge detailed enough to enable the plaintiff's advisers to...
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113 cases
- Smith v West Lancashire Health Authority
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Gough v Neary & Cronin
...said at p. 8 of that judgment:- "First of ail I accept the view taken by the English Court of Appeal in Broadley v. Guy Clapham & Co. [1994] 4 All E.R. 439 that the words "which is alleged to constitute negligence, nuisance or breach of duty" are merely words of identification. Therefore it......
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Haward and Others v Fawcetts (A Firm) and Another
...is complaining about and ask whether he had in broad terms knowledge of the facts on which that complaint is based': Broadley v Guy Clapham & Co [1993] 4 Med LR 328, 333. 11 A similar approach is applicable to the expression 'attributable' in section 14A(8)(a). The statutory provisions do n......
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Juanita Tyers (widow and executrix of the estate of George Tyers deceased) v Aegis Defence Services (BVI) Ltd
...he submitted, is unsurprising given the wording of s.14. 41 Thirdly, he submitted that, by reference to such authorities as Broadly v Guy Clapham [1994] 4 All ER 439 and Dobbie v Medway Health Authority [1994] 1 WLR 1234, the date of knowledge is to be interpreted as the date of the acciden......
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4 books & journal articles
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Causation, remoteness of damage, and defences
...dis- cussed further at paras 17.159–17.160. 701 Under the Limitation Act 1980, s 33 (para 17.148). 702 See also Broadley v Guy Clapham & Co [1994] 4 All ER 439; Rowbottom v Royal Masonic Hospital (2002) 65 BMLR 103 (alleged medical 703 See now A v Hoare [2008] UKHL 6, [2008] 1 AC 844 (on s ......
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Chapter 1: Introduction to the Law of Product Liability
...Agencies) Ltd (1995) The Times, 5 May, HL. 130 McCafferty v Metropolitan Police Receiver [1977] 2 All ER 756, CA. 131 Unreported. 132 [1994] 4 All ER 439 and see 1.308–1.310 133 [1996] 7 Med LR 175. 134 [1994] 4 All ER 439. 135 [1994] 4 All ER 450. 136 [1996] 7 Med LR 175. 137 (1999) The Ti......
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Chapter 3: Banks snd Risk: Home Lending
...was not intended to establish a year as the maximum period “as a matter of law or as a matter of great guidance”. 72 See Target Home Loans v Clothier [1994] 1 All ER 439. 73 [1996] EGCS 74. 74 [1997] 1 WLR 1558. 75 [1993] Ch 330. 76 The Times, 20 November 1996. 77 Unfair Contract Terms Act ......
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Table of Cases
...British Westinghouse Electric and Manufacturing Co Ltd v. Underground Electric Railways Co of London [1912] AC 673 3.201 Broadley v. Guy Clapham & Co [1994] 4 All ER 439 1.307 Brookes & Others v. The Boots Co plc, 23 October 1998, unreported 10.127 Brown v. Thornton (1837) 6 Ad & E ......
