The defendant sought leave to appeal out of time against an award of damages for sexual assault. He had been unable to recover his file of papers from his former solicitors.
Held: The delay had nevertheless been excessive, and the prejudice to the claimant of a new trial would be overwhelming. Though there was no express reference to In re H, the judge will have been bound to have applied its standards. Leave refused.
Citations:
[1999] EWCA Civ 1632
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 21 January 2023; Ref: scu.146547
