North Essex District Health Authority v Spargo
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1997 |
| Date | 13 March 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Nourse, Lord Justice Brooke and Lord Justice Waller
Limitation of actions - date of plaintiff's knowledge of injury - subjective test to be applied
To establish the date of a plaintiff's knowledge as to the causation of his injury for the purposes of the Limitation Act 1980, a subjective test was to be applied: what the plaintiff himself knew and not what would have been the reasonable layman's state of mind in the absence of expert confirmation.
The Court of Appeal so held in reserved judgments allowing an appeal by the defendant, North Essex District Health Authority, from the judgment on the trial of a preliminary issue whereby Mr Justice Collins had declared that the claim of the plaintiff, Jose Ann Spargo, for damages for injury caused as a result of mistaken medical diagnosis was not statute barred by sections 11 and 14 of the 1980 Act.
Mr Terence Coghlan, QC, for the health authority; Mr Simeon Maskrey, QC and Mr Andrew Buchan for the plaintiff.
LORD JUSTICE BROOKE said that the plaintiff, now aged 67, complained that a negligent diagnosis made 22 years ago had led to her being detained in a psychiatric hospital from 1975 until 1981, much longer than was necessary, and had had a catastrophic effect on her life.
In April 1975, having been found wandering about in her nightdress in an emaciated state, she had been compulsorily admitted to hospital. The consultant psychiatrist had...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Gough v Neary & Cronin
...to constitute negligence. Hallam-Eames v. Merrett Syndicates Ltd. [1996] 7 Med L.R. 122 and Spargo v. North Essex Health Authority [1997] 8 Med L.R. 125 approved. Per Geoghegan J.: That in order for the statute to run, a plaintiff must know enough facts as would be capable of at least, upon......
-
Mullins v Irish Prison Service
...relation to the equivalent limitation period in the United Kingdom, in the case of Spargo v. North Essex District Health Authority [1997] 8 Med. L.R. 125 wherein Brooke L.J. stated that the principles to be applied in the interpretation of the statutory provisions in the United Kingdom are......
-
Green v Hardiman
... ... THE HIGH COURT Health – Medical Negligence – Breach of Duty of Care ... were treated for some three weeks by a district nurse and his dressings changed. He had while at ... English Court of Appeal in the case of Spargo v. North Essex Health Authority [1977] 8 Med ... ...
-
Mary Theresa Harrison v Isle of Wight NHS Primary Care Trust
...involves two requirements, knowledge of the nature of the act or omission and of the identity of the defendant. 40 In Spargo v North Essex District Health Authority (1997) PIQR p235 at page 242 Brooke LJ set out the following principles in respect of the test under section 14:- "(1) The kno......
-
Stretching Time Limits
...situation where claimants who lack capacity face no time limit at all. That at least would be better news for defendants. FOOTNOTES (1997) 8 Med LR 125 LTL 29/06/2001 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought......