Legal News

Clinical negligence, mental capacity, limitation (Aderounmu v Colvin)

Published on: 02 September 2021
Published by: LexisPSL
  • Clinical negligence, mental capacity, limitation (Aderounmu v Colvin)
  • What are the practical implications of this case?
  • Warning to claimant solicitors
  • Protected parties
  • Court’s approach to LA 1980, s 33
  • What was the background?
  • What did the court decide?
  • Capacity
  • Date of knowledge
  • LA 1980, s 33
  • More...

Article summary

PI & Clinical Negligence analysis: The claimant in a clinical negligence case alleged that his GP had failed to refer him for urgent investigations of a possible stroke. In the trial of the preliminary issue of limitation, the court held that: (1) the claimant had capacity to conduct the litigation; (2) the claimant had actual or constructive knowledge under section 14 of the Limitation Act 1980 (LA 1980) over three years prior to issuing proceedings—the proceedings were therefore statute-barred; (3) it was equitable to disapply the limitation provisions under LA 1980, s 33 and allow the action to proceed to trial. The case provides an example of the court’s determination of the question of a claimant’s mental capacity to litigate by reference to wide-ranging factual and expert evidence. Written by Sarah Christie-Brown, barrister at Hailsham Chambers. or take a trial to read the full analysis.

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