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PI Practitioner, January 2019

16/01/19. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

This month we consider extensions to the limitation period in personal injury claims under s.33 of the Limitation Act 1980.

The courts appear to have become increasingly more liberal in their approach to applications under s.33 in recent years, and the case of David Ellis v (1) Heart of England NHS Foundation Trust (2) University Hospitals Birmingham NHS Foundation Trust (3) Swayam Iyer [2018] EWHC 3505 (Ch) is no exception to that.

The Claimant alleged that each of the three defendants had, on 25 February 2013, negligently caused a delay in diagnosing and/or treating a cerebral abscess, leaving him with epilepsy, cognitive and behavioural dysfunction, and permanent left-sided weakness. The Third Defendant was his GP, whom the Claimant alleged negligently sent him home from the GP surgery, despite the Claimant presenting with acute numbness and weakness of the left leg, and despite the GP having taken bloods which were reported as abnormal within minutes; he suffered a seizure later that day and was taken to hospital. The First Defendant had been responsible for transferring him to a different hospital run by the Second Defendant, and had delayed in doing so; and when he was in the care of the Second Defendant, it had delayed in draining the cerebral abscess.

The Claimant instructed solicitors in October 2013, who sent...

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