An applicant for leave under s.135A(4)(b) must establish at the leave stage that the injury arose during the prescribed period (between the appointed day and 12 November 1997), but need not prove that the injury in its severe state arose during that period. The seriousness of the injury is assessed as at the date of the application for leave. The temporal requirements in ss.4(1) and 135A(1) are fundamentally different from the criteria in s.135A(2) and must be addressed at the leave stage, unlike the s.135A(2) criteria which Alcoa held could be left to trial.
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