Buchanan-Davies v Broadbent

Buchanan-Davies applied to extend the limitation period for commencing proceedings for personal injuries she claimed to have suffered following surgery performed by Broadbent at the Prince Charles Hospital. The application was opposed by both Broadbent and the hospital. The legal issue before the court was whether the limitation period should be extended beyond the statutory period, given the applicant's knowledge of the material facts of a decisive character. The court had to determine if the applicant's knowledge of the facts was such that it would be just to extend the limitation period.

The court found that the applicant's knowledge of the material facts was not of a decisive character until the day before the limitation period expired. The applicant had not been negligent in failing to discover the facts earlier, and there was no evidence of an oppressive or unconscionable delay on the part of the applicant. The applicant had acted reasonably and promptly once she became aware of the material facts. The court also found that the hospital would not be prejudiced by the extension of the limitation period. The court considered that the extension of the limitation period was appropriate in the circumstances.

The court ordered that the time limit for the commencement of proceedings claiming damages for personal injuries by the plaintiff against the first and second defendants be extended to 19 September 2008, pursuant to s 31(2) of the Limitation of Actions Act 1974. The court found that it was just to extend the limitation period given the circumstances of the case, and that the hospital would not be prejudiced by such an extension.