Deborah Edwards reports on limitation and constructive knowledge in industrial disease claims
In two recent cases in the Court of Appeal, John Field v British Coal Corporation 2008] EWCA Civ 912, [2008] All ER (D) 417 (Jul) and White v EON and Others [2008] EWCA Civ 1463, [2008] All ER (D) 263 (Nov) the judges were required to address the issue of “constructive knowledge” under the Limitation Act 1980, s 14 as defined by the House of Lords in Adams v Bracknell Forest Borough Council [2004] All ER (D) 163 (Jun), A v Hoare and other appeals [2008] All ER (D) 251 (Jan).
In Field the claimant brought damages for noise induced hearing loss against British Coal where he had been employed between 1982 and 1995. By 1989, the claimant was provided with hearing protection. He had various occupational audiograms over the years and from March 1998 these tended to indicate there was a loss of hearing on the right side.
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