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Anthony McHugh v Deirdre Delores Gray (as personal representative of the estate of Charles Grey [2006] EWHC 1968 (QB)

The judge had been entitled not to exercise his discretion to disapply the limitation period in a case where the claimant was suing a psychiatrist, as a result of an allegedly negligent diagnosis, seven years out of time.

11 August 2006

The appellant (M) appealed against the judge’s decision not to exercise his discretion under s 33 of the Limitation Act 1980 to disapply the limitation period in his action for personal injuries against the respondent G. M had been present at the Hillsborough football ground in April 1989 when a number of spectators died or suffered serious injury as a result of crushing in the crowd. G, a consultant psychiatrist, had been instructed to examine M and report on any psychiatric injuries that he had sustained. G reported in November 1989 that M had a moderate degree of post-traumatic stress disorder and that his symptoms should resolve within a matter of months. M then settled his claim against the South Yorkshire Police for £2,750. His condition, however, did not resolve and led, according to him, to the breakdown of his relationship with his girlfriend, continuing depression and heavy drug use. Proceedings were issued against G in 2002, it being alleged that M had suffered persona...

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