Gregory v Ferro (GB) Ltd and Others

[1995] LS Law Med 321

COURT OF APPEAL

Lord Justice LEGGATT, Lord Justice WAITE, and Lord Justice SAVILLE

Limitation — Personal injuries — Constructive knowledge — Plaintiff twisting her foot in August 1985 — Alleged negligent acts or omissions by medical practitioners in August/September 1985 — Plaintiff thinking that she had sprained leg and recurrence of arthritis — Actual knowledge on June 29, 1988 that rupture of Achilles tendon had caused pain and swelling — Writ issued on June 28, 1991 — Whether plaintiff must have known that her injury was significant — Whether judge correctly concluded that prejudice to defendants of allowing action to proceed would be greater than prejudice to plaintiff if it did not