Source: All England Reporter
Publisher Citation: [2006] All ER (D) 203 (Apr)
Neutral Citation: [2006] EWCA Civ 395
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Brooke and Arden LJJ

Representation Alan Newman QC and Paul Spencer (instructed by DLA Piper Rudnick Gray UK LLP) for A.
  Christopher Sharp QC and Andrew McLaughlin (instructed by Atkins Public Law Solicitors) for Mr Hoare.
  Nigel Cooksley QC and Stephen Field (instructed by BTMK Solicitors) for H.
  Jason Coppel (instructed by the Treasury Solicitor) for the Secretary of State for Constitutional Affairs as intervener in H's case.
  Elizabeth-Anne Gumbel QC and Henry Witcomb (instructed by Bolt Burdon Kemp) for X and Y.
  Kate Thirlwall QC and Steven Ford (instructed by Browne Jacobson) for Suffolk County Council and Wandsworth LBC.
Judgment Dates: 12 April 2006

Catchwords

Limitation of action - Trespass to the person - Period of limitation - Extension - Actions alleging sexual offences - Claimants bringing actions after more than six years - Whether claims subject to six-year limitation period - Whether claims statute-barred - , ss 2, 11, 14, 28. .

The Case

The Court of Appeal dismissed appeals arising out claims for damages in a case of attempted rape and in cases of sexual abuse suffered at school on the basis that the claims were all time barred, and that the court was bound by the decision of the House of Lords in Stubbings v Webb to the effect that a claim based on an intentional sexual assault was subject to a non-extendable six-year limitation period.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.