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(1) AB (2) JPM (3) JB (4) DVB v NUGENT CARE SOCIETY : GR v WIRRAL METROPOLITAN BOROUGH COUNCIL

The court gave guidance as to the correct approach to the application of the Limitation Act 1980 s.33 in the light of the decision in A v Hoare (2008) UKHL 6, (2008) 1 AC 844.

4 August 2009

The court was required to determine appeals and cross-appeals against two decisions in relation to claims of historic sexual abuse at children's homes. The claimants (JB, JPM, DVB and GR) had all allegedly suffered sexual abuse in children's homes in the 1960s and 1970s. The appeals and cross-appeals raised questions as to the correct approach to the application of the Limitation Act 1980 s.33 in the light of the decision in A v Hoare (2008) UKHL 6, (2008) 1 AC 844.

HELD: (1) Hoare established that a claim for damages for trespass to the person was a claim for damages for breach of duty, and that the limitation period was three years, but was subject to the court's discretion to extend it under s.33. Lister v Hesley Hall Ltd (2001) UKHL 22, (2002) 1 AC 215 made it clear that, where there was a sufficient connection between the work of an employee and the acts of abuse committed by him, such as would arise from employment in a care home or a school, vicarious liability was like...

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