Owen v Residual Health Management Unit

The case of Owen v Residual Health Management Unit involved parents who brought a claim against healthcare professionals for mental shock caused by their child's injuries at birth due to alleged negligence. The parents initiated proceedings without leave, more than two years and less than six years after the event, and never sought leave, leading to a question of whether their proceeding was statute-barred under section 4(7) of the Limitation Act 1950. The central legal issue was whether a recognisable psychiatric disorder or illness qualifies as a "bodily injury" for the purposes of the limitation period. The Court of Appeal held that a recognisable psychiatric disorder or illness does indeed constitute a "bodily injury" and that the parents' proceeding was therefore statute-barred because they did not seek leave to commence the action within the required timeframe. The appeal was dismissed, affirming the trial court's decision that the proceeding was time-barred.