EB v Haughton [2011] EWHC 279 (QB) (17 February 2011)

EB v Haughton [2011] EWHC 279 (QB) (17 February 2011)

The court found the evidence in support of the Claimant's allegations cogent, the Defendant suffered little or no prejudice from the delay, and the reasons for delay were largely explicable. Discretion was exercised under Section 33 to allow the claim to proceed. The Defendant was found liable for the sexual assaults alleged by the Claimant.

Citation
[2011] EWHC 279
Parties
Claimant: EB; Defendant: John Haughton
Jurisdiction
England and Wales
Judgment Date
17 February 2011
Procedural Posture
Civil Claim for Damages for Sexual Assault / Judgment After Trial
Outcome
Claim allowed; limitation period disapplied; Defendant found liable for sexual assaults.
Legal Topics
Sexual Assault, Limitation Periods, Section 33 Discretion, Evidential Cogency, Aggravated Damages
Personal Injury Limitation Law Civil Procedure Sexual Assault Limitation Periods Section 33 Discretion Evidential Cogency Aggravated Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

EB

Claimant

John Haughton

Defendant

Procedural Posture

Civil Claim for Damages for Sexual Assault / Judgment After Trial

Legal Issues

  1. 1 Whether discretion should be exercised under Section 33 of the Limitation Act 1980 to allow the action to proceed despite expiry of the limitation period
  2. 2 Whether the Defendant is liable for the alleged sexual assaults
  3. 3 Quantum of damages

Ratio Decidendi

The court found the evidence in support of the Claimant's allegations cogent, the Defendant suffered little or no prejudice from the delay, and the reasons for delay were largely explicable. Discretion was exercised under Section 33 to allow the claim to proceed. The Defendant was found liable for the sexual assaults alleged by the Claimant.

Court Disposition

Claim allowed; limitation period disapplied; Defendant found liable for sexual assaults.

Orders

  • Section 33 Limitation Act 1980 discretion exercised; limitation period disapplied.
  • Defendant found liable for sexual assaults as alleged.