Most people would be forgiven for thinking that the question of whether they had been injured was not one that would be too difficult to answer. But the courts have struggled for decades with the ‘date of knowledge’ provisions, now contained in sub-sections 11 and 14 of the Limitation Act 1980, and two recent cases highlight the difficulties.

In McCoubrey [2007] and Young [2006], the Court of Appeal considered the three key questions on the application of sections 14(1)(a) and 14(2).