Q&As

What is the authority for the proposition that knowledge of the presence of tinnitus in the absence of knowledge of hearing loss will not trigger a date of knowledge?

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Published on LexisPSL on 13/12/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • What is the authority for the proposition that knowledge of the presence of tinnitus in the absence of knowledge of hearing loss will not trigger a date of knowledge?
  • Limitation in noise-induced hearing loss claims
  • Dealing with a limitation issue
  • Date of knowledge
  • Case law

Limitation in noise-induced hearing loss claims

Tinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note: Limitation in noise-induced hearing loss claims.

Dealing with a limitation issue

Limitation is of critical importance. As noted in Practice Note: Dealing with a limitation issue, if a practitioner is in any doubt whatsoever as to the date on which proceedings should be issued, they should issue early to be on the safe side.

Date of knowledge

Date of knowledge, defined by section 14 of the Limitation Act 1980 (LA 1980), is in fact a slightly misleading expression because it can arise when a claimant has actual knowledge of the necessary elements of the tort or when they have constructive knowledge (ie they do not actually kn

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