You are here

A v IORWORTH HOARE: C v MIDDLESBROUGH COUNCIL: X & ANOR v WANDSWORTH LBC: H v SUFFOLK COUNTY COUNCIL: YOUNG v CATHOLIC CARE (DIOCESE OF LEEDS)

The House of Lords departed from the approach to limitation in sexual abuse cases as set out in Stubbings v Webb [1993] AC 498 by approving instead the reasoning in Letang v Cooper [1965] 1 QB 232, by construing the Limitation Act 1980 s 14(2) so as to transfer from that provision to s 33 of the Act consideration of the inhibiting effect of sexual abuse upon a victim’s preparedness to bring proceedings, and by offering guidance as to how the court might exercise its discretion under s 33.

12 February 2008

Six appellants in unrelated cases, all of whom alleged that they had been victims of sexual abuse during their childhood, appealed against decisions that their claims were statute-barred. In each case, the respective judges, following Stubbings v Webb [1993] AC 498 HL, had concluded that the claim failed on limitation grounds. The issues for determination were (1) whether Stubbings was wrongly decided and whether the court should depart from it in accordance with the Practice Statement (HL: Judicial Precedent) [1966] 1 WLR 1234 HL; (2) whether the definition of “significant” injury in the Limitation Act 1980 s 14(2) allowed account to be taken of a claimant’s personal characteristics, either pre-existing or consequent upon the injury suffered.

HELD: Appeals allowed. (1) Stubbings was wrongly decided, and the right thing was to depart from it and reaffirm the law laid down in Letang v Cooper [1965] 1 QB 232 CA, Stubbings not followed, Letang v Cooper approved and Stingel ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.