Ellis v Heart of England NHS Foundation Trust and others (2018)
Ellis v Heart of England NHS Foundation Trust and others (2018)
The Issues:
The Claimant brought the action for clinical negligence against three Defendants relating to treatment that took place in 2013. The Claimant agreed extensions of time in relation to limitation in respect of the first two Defendants. There was no agreement with the third Defendant.
The Claimant’s solicitor told the 3rd Defendant that they were “released from this matter”. Fresh advice was obtained from new counsel and a further expert’s report was obtained. In January 2017 the Claimant’s solicitors advised the 3rd Defendant that he would be pursuing him after all. The third Defendant pleaded a defence of limitation and the Claimant made an application under Section 33 of the Limitation Act 1980.
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