RAR v GGC

RAR v GGC

The court exercised its discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed out of time, finding the claimant's delay justified by her psychiatric injuries resulting from the abuse. The court found the claimant's evidence credible, accepted the abuse occurred as alleged, and held the defendant civilly liable. Damages were assessed for pain, suffering, loss of amenity, aggravated damages, past and future loss of earnings, and treatment costs.

Parties
Claimant: RAR; Defendant: GGC
Jurisdiction
England and Wales
Judgment Date
10 August 2012
Procedural Posture
Civil (personal Injury / Sexual Assault) / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Sexual Assault, Limitation Period, Damages Assessment, Aggravated Damages, Evidential Burden, Section 33 Limitation Act Discretion
Tort Law Personal Injury Limitation Law Sexual Assault Limitation Period Damages Assessment Aggravated Damages Evidential Burden +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

RAR

Claimant

GGC

Defendant

Procedural Posture

Civil (personal Injury / Sexual Assault) / Judgment After Trial

Legal Issues

  1. 1 Whether the court should exercise discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed out of time
  2. 2 Whether the defendant perpetrated the alleged physical and sexual assaults
  3. 3 Causation and extent of personal injury and loss

Ratio Decidendi

The court exercised its discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed out of time, finding the claimant's delay justified by her psychiatric injuries resulting from the abuse. The court found the claimant's evidence credible, accepted the abuse occurred as alleged, and held the defendant civilly liable. Damages were assessed for pain, suffering, loss of amenity, aggravated damages, past and future loss of earnings, and treatment costs.

Court Disposition

Judgment for the claimant

Orders

  • The defendant shall pay the claimant £470,034.90 in damages and interest.