Law Reports - Commentary - HAVS cases shed further light on limitation issue.

(From Post Magazine)

In Norton v Corus UK Ltd (13 November 2006), the claimant was aware of his symptoms in 1992. He ceased working in 1998 but did not seek legal advice until a relative successfully pursued a claim in 2003. Proceedings were issued in 2004 (after his medical expert had confirmed the diagnosis). Limitation was heard as a preliminary issue. At first instance, the Recorder found that the claimant's actual knowledge crystallised in 2003, but his constructive knowledge followed the manifestation of the symptoms in the early 1990s. The claim was held to be statute barred and the claimant failed at the first hurdle.

In Kew v Bettamix and others (14 November 2006), the claimant's symptoms commenced in 1991 and he attributed them to age. Following a works health assessment he was advised in July 2000 that his symptoms were indeed HAVS. He then heard about a colleague pursuing a claim and in 2003 decided to instruct solicitors. Proceedings followed in 2004. On limitation, it was held that the claimants did not have constructive knowledge before 2000 and he was granted discretion to disapply the primary limitation period so his claim could proceed.

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