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KembaraXtra-Case Law- Walkin v South Manchester HA (1995) - Limitation Period & Personal Injury
Core Principle: The limitation period for personal injury claims begins when the injury occurs, not when the consequences of the injury are fully realized.
Case Facts:
Core Principle: The limitation period for personal injury claims begins when the injury occurs, not when the consequences of the injury are fully realized.
Case Facts:
- Plaintiff: Woman who underwent a sterilization operation.
- Issue: Became pregnant after the sterilization procedure.
- Legal Action: Started proceedings four years after becoming pregnant.
- Initial Court Ruling: Claim was "time-barred" (outside the allowed limitation period).
- Appeal Dismissed: The original ruling was upheld.
- Definition of "Personal Injury": The court defined the personal injury as the impairment of the plaintiff's physical condition due to the unwanted pregnancy.
- Crucial Timing: This impairment (the injury) occurred at the moment of conception, not at the birth of the child.
- Therefore, the limitation period started at conception.
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