The defendant had been convicted and sentenced for the attempted rape of the claimant. He had subsequently won a substantial sum on the lottery, and she now sought damages. He replied that the action was statute barred being now 16 years old. The claimant said the decision to deny her claim had interfered with her human rights.
Held: The denial of the right of action to the claimant did not infringe her human rights. The court was bound by the decision in Stubbings and the claim must be dismissed.
Judges:
Jack J
Citations:
Times 27-Oct-2005, [2005] EWHC 2161 (QB), [2006] ACD 12
Links:
Statutes:
Limitation Act 1980 11 2, European Court of Human Rights 6.1, Administration of Justice Act 1969 12 13
Jurisdiction:
England and Wales
Citing:
Cited – Stubbings v Webb and Another HL 10-Feb-1993
Sexual Assault is not an Act of Negligence
In claims for damages for child abuse at a children’s home made out of the six year time limit time were effectively time barred, with no discretion for the court to extend that limit. The damage occurred at the time when the child left the home. A . .
Cited – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
Cited – Letang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
Cited – Stubbings and Others v The United Kingdom ECHR 22-Oct-1996
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: . .
Cited – Seymour v Williams CA 1995
The plaintiff issued proceedings against her father and mother, alleging physical and sexual abuse against her father and want of parental care against her mother. The claim against the father was in trespass, but that against her mother was in . .
Cited by:
See Also – A v Hoare QBD 8-Jul-2008
The claimant sought damages for her rape by the defendant. After his conviction and having served his sentence, the defendant won substantial sums on the lottery.
Held: The sums paid by the Criminal Injuries Compensation Board were not paid by . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Torts – Other, Limitation, Human Rights
Updated: 22 August 2022; Ref: scu.231279