Catholic Care (Diocese of Leeds) and Another v Young: CA 14 Nov 2006

The claimant sought damages saying that he had been abused as a child whilst in the defendant’s care. The defendants appealed a finding that the claimant had not first known of his injury more than three years before begining his action.
Held: The same word ‘reasonable’ in sections 14(2) and 14(3) of the 1980 Act was to be interpreted in the same way, and the words ‘sufficiently serious’ in 14(2) were pivotal. Whether the test was passed was a question of fact in the case. In this case, the claimant knew that the injuries were significant in December 1996, and his claim was time-barred.
Buxton LJ, Dyson LJ, Sir Peter Gibson
[2006] EWCA Civ 1534, Times 22-Nov-2006, [2003] QB 1441, [2007] 1 All ER 895, [2007] 2 WLR 1192, [2007] PIQR P15
Limitation Act 1980 14
England and Wales
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedKR 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 by:
CitedMcCoubrey v Ministry of Defence CA 24-Jan-2007
The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise.
Held: The defendant’s . .
Appeal fromA v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .

These lists may be incomplete.
Updated: 14 March 2021; Ref: scu.246007