Broadley v Guy Clapham & Company
| Jurisdiction | England & Wales |
| Judgment Date | 06 July 1993 |
| Date | 06 July 1993 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Negligence - medical negligence - limitation of actions - knowledge of plaintiff
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 draft a statement of claim was not required before time began to run.
The Court of Appeal (Lord Justice Balcombe, Lord Justice Leggatt and Lord Justice Hoffmann) so held on July 2 when dismissing an appeal by Mrs Maureen Broadley from a finding by Mr Justice Turner on March 24, 1992 that she had no cause of action against Guy Clapham Ltd, a firm of solicitors, for allegedly having failed to prevent her claim against Mr Martin Lowy, a surgeon, from becoming statute-barred.
LORD JUSTICE BALCOMBE said that Hendy v...
To continue reading
Request your trial
- Smith v West Lancashire Health Authority
-
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......
-
Juanita Tyers (widow and executrix of the estate of George Tyers deceased) v Aegis Defence Services (BVI) Ltd
...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 accident. Thus, in ......
-
Haward and Others v Fawcetts (A Firm) and Another
...what he 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, 11 A similar approach is applicable to the expression 'attributable' in section 14A(8)(a). The statutory provisions ......