Disappointment for Abuse Victims

Limitation Periods - Sexual Abuse - Assault and Negligence
A v Hoare;
H v Suffolk County Council;
X and Y v Wandsworth London Borough Council [2006] EWCA Civ 395
CA
12 April 2006
Daily Law Notes Report Summary
Claims arising out of intentional sexual assaults were subject to
a fixed six-year limitation period from the date of the assaults,
or from the claimants' majority, if later. The Human Rights Act
1998, which did not come into effect until after the events
complained of, could not be used retrospectively so as to deprive
the various defendants of their accrued rights to plead the fixed
six-year limitation period provided for by s 2 of the Limitation
Act 1980.

And here is the version from

Limitation - Torts - Other
A -v- Iorworth Hoare; H -v- Suffolk County Council, Secretary of
State for Constitutional Affairs intervening; X and Y -v- London
Borough of Wandsworth - [2006] EWCA Civ 395
CA
12 April 2006
Each claimant sought damages for a criminal assault for which the
defendant was said to be responsible. Each claim was to be out of
the six year limitation period. In the first claim, the proposed
defendant had since won a substantial sum from the National
Lottery. They complained that the Limitation Act gave the court no
discretion to extend the period for a claim as it would in claim
in negligence. Held: Stubbings v Webb was binding on the court,
and that decision had been confirmed by the ECHR. The court was
bound to apply the six year limitation period and the court had no
discretion to extend it. The assaults were deliberate, not by way
of negligence.
 
Case Map:
http://www.lawindexpro.co.uk/cgi-bin/casemap.php?rf=I060428&case=240356
This case cites 20 cases:
http://www.lawindexpro.co.uk/cgi-bin/cited.pl?rf=I060428&idx=240356
Statute(s) referred to: Limitation Act 1980 11(1)
Judgment Links: Bailii: