08 February 2007
McCoubrey v Ministry of Defence [2007] EWCA Civ 17, [2007] All ER (D) 185 (Jan)
The question of whether an injury is significant within s 14(1)(a) of the Limitation Act 1980, as expanded in s 14(2), must be decided by reference to the seriousness of the injury, and not by reference to its effect or perceived effect on the claimant’s private life or career.
Section 14(2) requires consideration of whether the claimants ought reasonably to have appreciated that their injuries were serious. The effect of the injury on the claimant’s private life or career prospects does not impinge on the issue of whether the injury itself was sufficiently serious.
