KXL & Ors v Murphy & Anor

KXL & Ors v Murphy & Anor

The application of section 1 of the Foreign Limitation Periods Act 1984 does not conflict with public policy nor cause undue hardship to the claimants within the meaning of section 2(1) and 2(2) of the Act, given the absence of exceptional circumstances and the existence of an alternative remedy via the Ugandan Human Rights Commission.

Parties
Claimant: KXL; Claimant: NXR; Claimant: MXD; Defendant: Nicholas Murphy; Defendant: The Society of Missionaries of Africa (The White Fathers)
Jurisdiction
England and Wales
Judgment Date
02 December 2016
Procedural Posture
Civil / Preliminary Issue Trial
Outcome
Preliminary issue decided against claimants; Ugandan limitation law applies.
Legal Topics
Foreign Limitation Periods, Public Policy, Undue Hardship, Vicarious Liability, Sexual Abuse, Child Abuse
Private International Law Personal Injury Tort Foreign Limitation Periods Public Policy Undue Hardship Vicarious Liability Sexual Abuse +1 more

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Parties

KXL

Claimant

NXR

Claimant

MXD

Claimant

Nicholas Murphy

Defendant

The Society of Missionaries of Africa (The White Fathers)

Defendant

Procedural Posture

Civil / Preliminary Issue Trial

Legal Issues

  1. 1 Whether the application of section 1 of the Foreign Limitation Periods Act 1984 would conflict with public policy and/or cause undue hardship to the claimants within the meaning of section 2(1) and 2(2) of the Foreign Limitation Periods Act 1984

Ratio Decidendi

The application of section 1 of the Foreign Limitation Periods Act 1984 does not conflict with public policy nor cause undue hardship to the claimants within the meaning of section 2(1) and 2(2) of the Act, given the absence of exceptional circumstances and the existence of an alternative remedy via the Ugandan Human Rights Commission.

Court Disposition

Preliminary issue decided against claimants; Ugandan limitation law applies.

Orders

  • Section 1 of the Foreign Limitation Periods Act 1984 applies; claims are time barred under Ugandan law.
  • No disapplication under section 2(1) or 2(2) of the Act.