Morrison v Broadbent

Morrison, the plaintiff, brought an action against Broadbent, the first defendant, and his employer, the second defendant, a hospital. The plaintiff alleged that she suffered injuries following a surgery performed by the first defendant at the second defendant hospital. The plaintiff commenced proceedings beyond the statutory limitation period. The plaintiff applied for an extension of the limitation period under section 31(2) of the Limitation of Actions Act 1974. The first defendant did not oppose the application, but the second defendant opposed the application on the basis of prejudice.

The court had to decide whether the limitation period for the commencement of proceedings should be extended. The plaintiff claimed that she did not know of the material facts of a decisive character until after the limitation period had expired, and that the delay in commencing the proceedings was not attributable to her. The court had to consider whether the plaintiff had acted with reasonable diligence in ascertaining the material facts and whether the delay in commencing the proceedings caused any prejudice to the defendants.

The court found that the plaintiff did not know of the material facts until after the limitation period had expired and that the delay in commencing the proceedings was not attributable to her. The court found that the plaintiff had acted with reasonable diligence in ascertaining the material facts and that the delay in commencing the proceedings did not cause any prejudice to the defendants. The court extended the limitation period for the commencement of proceedings by the plaintiff against the first defendant to 19 September 2008.