VWF and the issue of limitation – part 1

The claimant had suffered from vibration white finger symptoms since 1992. However, it was not until 2004 that he issued proceedings. The trial Judge held that on the facts it was clear that he had constructive knowledge under the Limitation Act 1980 since at least 1997 and probably since 1992. On that basis, he ruled that his claim was statute barred. The trial Judge did not accept any arguments raised by his lawyers that the claim should be allowed to proceed by virtue of s33 of the Act.