Source: All England Reporter
Publisher Citation: [2002] All ER (D) 388 (Oct)
Court: Queen's Bench Division
Judge:

Judge Hawkesworth QC sitting as a judge of the High Court

Representation Allan Levy QC and Adrian Jack (instructed by BSG Solicitors) for the claimant.
  Steven Ford (instructed by Brown Jacobson) for the local authority.
Judgment Dates: 25 October 2002

Catchwords

Limitation - Limitation period - Expiry - Discretion to disapply - Personal injury - Claim issued out of time - ss 11, 33.

The Case

Where the claimant sought to issue proceedings alleging that she had been sexually abused whilst in two children's homes which were under the supervision of the local authority, it was held that in the circumstances, it would be inequitable to disapply the primary limitation period and allow the case to proceed some 15 years out of time.

Practice Areas

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