Khan v Ainslie and Others

[1993] LS Law Med 319

QUEEN'S BENCH DIVISION

and Mr Justice WATERHOUSE

Limitation of action — Knowledge — Constructive knowledge — Reasonableness — Ophthalmologist — Acute angled glaucoma — Treatment by ophthalmologist of plaintiff's left eye with atropine drops in June 1983 — Delay between general practitioner receiving ophthalmologist's report and referral to hospital for operation — Unsuccessful left peripheral iridectomy performed in June 1983 — Writ issued on November 30, 1988 — Delay in commencing legal proceedings due to lack of legal aid and unfavourable expert evidence — Whether plaintiff had sufficient knowledge to institute proceedings against defendants in 1985 — Whether plaintiff was statute barred — Limitation Act 1980, sections 11, 14 and 33