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Fundamental dishonesty in occupational disease claims (part 2) - Paul Debney, Weightmans LLP

18/11/18. In last month’s edition, Paul Debney examined the early reported decisions of findings of fundamental dishonesty in disease claims, with specific reference to a claimant who was found to have lied about the provision and wearing of hearing protection and another who was found to have falsely stated that he had made no previous claim for the same disease.

In this month’s article we explore the application of fundamental dishonesty to a claimant’s date of knowledge. As we all know, the Limitation Act 1980 states that in a disease claim the 3 year primary limitation period does not start to run until the claimant acquires knowledge, which is defined in s14 as the date upon which a person first had knowledge of the following facts:

(a) that the injury in question was significant; and

(b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and...

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