| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 339 (Dec) |
| Neutral Citation: | [2004] EWCA Civ 1746 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Chadwick, Latham LJJ and Sir Swinton Thomas |
| Representation | Elizabeth Anne Gumbel QC & Henry Witcomb (instructed by Farringdon Webb) for the claimant. |
| Kathryn Thirlwall QC & Steven Ford (instructed by Crutes) for the defendant. | |
| Judgment Dates: | 21 December 2004 |
Catchwords
Limitation of actions - Limitation period - Time from which period runs - Discretion to extend - Personal injury - Knowledge of claimant - Dismissal of claim - Correctness of decision - ss 2, 11, 14, 33.
The Case
In a case where the claimant had suffered sexual abuse at the hands of his teacher, whilst in the care of the defendant authority, the judge had been correct to conclude that the claimant had not established any breach of the duty on the part of the defendants that caused the damage complained of; that the claim alleging vicarious liability for the teacher's actions was a claim for trespass against the person, and not negligence or any other breach of duty to which s11 of the applied, and that the claim fell within s2 of the Act and was subject to a non-extendable limitation period of six months.
Practice Areas
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