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McHugh v Gray [2006] EWHC 1968 (QB) (27 July 2006)

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Limitation. The Claimant sought damages for personal injuries against a consultant psychiatrist who had reported that he had a moderate degree of post-traumatic stress disorder arising out of the Hillsborough disaster in 1989. Given the prognosis of rapid recovery the Claimant settled his claim for personal injuries against the South Yorkshire Police. The Claimant alleged that the diagnosis was wrong and that as a result it had led to the breakdown of his relationship, continuing depression and heavy drug use. Proceedings for personal injuries were issued in 2002. On an application to disapply the primary limitation period under s. 33 of the Limitation Act 1980, the judge was entitled to exercise his discretion even where the prejudice to the Defendant was not more than minor.

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