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Litigation Letter

When did the proceedings end?

Knight v Rochdale Healthcare NHS Trust and others ([2003] EWCA 1831; (QB) NLJ 1 August)

The claimant was a consultant orthopaedic surgeon who entered into a settlement agreement with a former patient in respect of proceedings against him in negligence on 24 October 2000. A consent order embodying the agreement was made on 8 November 2000. The claimant issued proceedings against the defendants on 1 November 2002 seeking a contribution pursuant to the Civil Liability (Contributions) Act 1978. Section 10 of the Limitation Act 1980 requires such proceedings to be issued within two years of the end of the main proceedings. For this purpose, did time begin to run from the date of the settlement agreement, or the date of the consent order?

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