Whitfield v North Durham Health Authority

[1995] LS Law Med 32

COURT OF APPEAL

Lord Justice WAITE, Lord Justice Peter GIBSON, and Lord Justice MORRITT

Limitation — Knowledge — Discretion — Neurological injury caused by excision of lump reported to be malignant — Excised tissue found to be benign — Writ issued six years and nine months after date of operation — Whether patient had knowledge of facts underlying complaint against health authority — Whether judge erred in treating earlier writ as determinative, by itself, of knowledge — Whether judge's discretion was misdirected — Whether inequitable to allow plaintiff to take advantage of default of own solicitors — Effect of prejudice