The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under section 33.
Held: The claim should be allowed to proceed. The abuse had given rise to psychological issue for the claimant which contributed to the delay. The defendant’s prosecution had caused him to reconsider his actions allowing the detailed defence he had in fact filed. The evidence of both parties remained cogent.
The defendant was unable to deny his conviction. He had been legally represented and had admitted the offence, and his plea now that it was entered under duress was ineffective. The issue was governed by section 11(2) of the 1968 Act.
The claim succeeded.The court awarded a total of andpound;470,034 damages including aggravated damages and interest.
Nicola Davies J
[2012] EWHC 2338 (QB)
Bailii
Limitation Act 1980 33, Civil Evidence Act 1968 11(2)
England and Wales
Citing:
Reversed by Hoare – 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 – A 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 . .
Applied – McCauley v Vine 1999
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case . .
Cited – McCauley v Vine 1999
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case . .
Cited – ABB and Others v Milton Keynes Council QBD 21-Oct-2011
The claimants, now adults, each claimed that as children, the defendant had known of the prolonged and serious sexual abuse they had suffered at the hands of their father when children, and that it had failed to protect them from it. . .
Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Cited – BJM v Eyre and Others QBD 12-Nov-2010
The claimant (in respect of whom an anonymity order had been made) claimed damages against the four defendants for personal injuries and financial loss arising from sexual and physical abuse of the claimant which took place between 2001 and 2003. . .
Cited – EB v Haughton QBD 17-Feb-2011
The claimant alleged sexual assualt on her by the defendant when she was a child. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Torts – Other, Limitation, Evidence, Damages
Updated: 12 January 2022; Ref: scu.463642