A v Hoare

A v Hoare

The claim is barred by section 2 of the Limitation Act 1980, which applies a non-extendable six-year limitation period to intentional torts such as assault and battery. The European Court of Human Rights has confirmed that such limitation provisions do not violate Article 6.1 of the Convention, and national courts are bound to apply this reasoning. The claimant's appeal has no real prospect of success.

Parties
Claimant: A; Defendant: Iorworth Hoare
Jurisdiction
England and Wales
Judgment Date
14 October 2005
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim for Limitation
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Assault and Battery, Personal Injury, European Convention on Human Rights, Access to Court
Tort Law Human Rights Law Limitation of Actions Assault and Battery Personal Injury European Convention on Human Rights Access to Court

Case Brief

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Parties

A

Claimant

Iorworth Hoare

Defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim for Limitation

Legal Issues

  1. 1 Whether the claim for damages for assault and psychiatric injury is barred by limitation under section 2 of the Limitation Act 1980
  2. 2 Whether Article 6.1 of the European Convention on Human Rights requires an extension of time or different interpretation of limitation provisions

Ratio Decidendi

The claim is barred by section 2 of the Limitation Act 1980, which applies a non-extendable six-year limitation period to intentional torts such as assault and battery. The European Court of Human Rights has confirmed that such limitation provisions do not violate Article 6.1 of the Convention, and national courts are bound to apply this reasoning. The claimant's appeal has no real prospect of success.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out as barred by limitation
  • Extension of time for serving notice of appeal granted from date of judgment