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 negligence.
Held: The claim against the father was governed by the six years limitation period, and that against the mother by the three year limitation period. Both were out of time, but the Act gave discretion to extend the three year limited claim in negligence. The Court found this anomalous, and invited the Law Commission to consider the anomaly that different periods of limitation apply to a claim against a perpetrator of abuse and to a claim against someone for negligently failing to prevent that abuse with only the latter having a potential extension.
Judges:
Russell LJ, Millett LJ and Sir Ralph Gibson
Citations:
[1995] PIQR P470
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – A v Hoare QBD 14-Oct-2005
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Limitation
Updated: 12 December 2022; Ref: scu.235389
