Every one a published decision of the courts of England and Wales, linked to its source. Six late claims allowed, one refused.
Claimant succeeded
[2010] EWCA Civ 195·2010·Appeal decision
A man born in 1974 with cerebral palsy sued in 2006, saying he only learned in late 2005 that a junior doctor had persisted with forceps for around half an hour. The Court of Appeal held he should reasonably have looked into the cause much earlier, but still let the case go ahead.
Even a claim about a birth more than thirty years earlier can be allowed to run if a fair trial is still possible and the unfairness to the injured person outweighs the unfairness to the hospital. Being told at the time that an injury was just one of those things does not automatically stop the clock.
Claimant succeeded
[2023] EWHC 2155 (KB)·2023·Liability decided at trial
A skin sample taken in 2007 was reported as benign but in fact showed melanoma, which was only picked up in 2009 and caused the patient's death in 2014. His widow issued proceedings over five years late after her first solicitors let the case drift, and the court allowed the claim to proceed.
The clock can start later than the mistake itself, because it only runs once you know the injury is serious. Delay caused by former solicitors rather than by the claimant is far less likely to defeat a late claim, especially where the original slides and reports survive.
Claimant succeeded
[2021] EWHC 2293 (QB)·2021·Liability decided at trial
A young man saw his GP with slurred, very unclear speech and suffered a stroke four days later, but did not sue until 2017. The court found he had the mental capacity to bring a claim and had known enough by December 2010, yet allowed the late claim to go ahead.
Arguing that a brain injury left you unable to run a claim will be tested hard against your medical records and everyday dealings. Even so, a claim brought years late can survive if the records mean a fair trial is still possible.
Claimant succeeded
[2017] EWHC 2608 (QB)·2017·Appeal decision
A woman who had vaginal tape surgery in 2007 sued in 2015, saying she was never properly told about the product or the alternatives. The surgeon had died by then, but the court allowed the late claim to proceed and the High Court refused to interfere.
A late claim can still go ahead even where the doctor has died, if independent records and expert evidence mean a fair trial is possible. The court weighs the harm to each side rather than applying the deadline mechanically.
Claimant succeeded
[2008] EWHC 1537 (QB)·2008·Liability decided at trial
A man with severe cerebral palsy from his 1981 birth argued the caesarean should have happened much sooner. The court found he should have started asking questions by the end of 2002, which put the claim a few months out of time, but allowed it to proceed.
Someone disabled from birth is not expected to be as curious about the cause as someone injured in a one-off incident, so the clock may start later for them. A short overrun is likely to be forgiven where the records still allow a fair trial.
Claimant succeeded
[2008] EWHC 1011 (QB)·2008·Liability decided at trial
A woman with a spinal abscess was sent home from A&E and left with lasting spinal cord damage. Her first claim was issued in time but thrown out when her solicitors served it a day late, and this second, out-of-time claim was allowed to proceed.
If solicitors miss a court deadline, the law does not automatically leave the claimant with only a claim against them. The court can let a fresh, late claim run against the original defendants where a fair trial is still possible.
Claim failed
[2017] EWCA Civ 1711·2017·Appeal decision
A man treated in the early 1980s sued in 2014, saying no one followed up his hormone condition until a new doctor restarted treatment in 2011. The Court of Appeal found he had known enough back in 1983 and that a 28-year delay had destroyed the records needed to defend the case.
Where very long delay means the records that would show what actually happened no longer exist, the court will usually hold the claimant to the deadline. Realising only years later that better treatment existed does not by itself restart the clock.