Kirkman v Euro Exide Corporation (CMP Batteries Ltd)

[2007] EWCA Civ 66

Court of Appeal | 2007 · reported | England and Wales

Relevance of Expert Evidence to Limitation

Originally published in TEDR Volume 12 Issue 1 (publication date not recorded).

[2007] EWCA Civ 66 TEDR Volume 12 Issue 1

In September 2001 the claimant sustained an accident at work when he fell into a 2 feet deep hole. His foot became trapped and he suffered a wrenching injury to the right knee. He had some previous history of a problem with his right knee. At 17 he had had a motorcycle accident. In 1994 his knee was investigated and a diagnosis was made of damage to the anterior cruciate ligament.

The claimant was referred to Mr Anthony Banks, a consultant orthopaedic surgeon at what was then the Bolton Royal Infirmary. His knee problems subsided, but they recurred in 2001. The claimant’s GP referred him back to Mr Banks and an appointment was made for 9 October 2001.

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