KD v Gaisford [2019] EWHC 339 (QB) (20 February 2019)

KD v Gaisford [2019] EWHC 339 (QB) (20 February 2019)

The claim was allowed to proceed out of time under section 33 Limitation Act 1980 because a fair trial was still possible and the delay was justified by the Claimant's psychological trauma and circumstances. The Defendant, having been convicted of the same assault, failed to rebut the presumption under section 11...

Source-derived case information.

Citation
[2019] EWHC 339 (QB)
Parties
Claimant: KD; Defendant: Philip Gaisford
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Personal Injury Claim for Damages Arising From Sexual Assault / Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Limitation of Actions, Sexual Assault, Damages, Civil Evidence, Section 33 Limitation Act 1980, Section 11 Civil Evidence Act 1968
Tort Law Personal Injury Civil Procedure Limitation of Actions Sexual Assault Damages Civil Evidence Section 33 Limitation Act 1980 +1 more

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Parties

KD

Claimant

Philip Gaisford

Defendant

Procedural Posture

Personal Injury Claim for Damages Arising From Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the claim is time-barred or should be allowed to proceed under section 33 Limitation Act 1980
  2. 2 Whether the Defendant committed the alleged sexual assault
  3. 3 Quantum of damages

Ratio Decidendi

The claim was allowed to proceed out of time under section 33 Limitation Act 1980 because a fair trial was still possible and the delay was justified by the Claimant's psychological trauma and circumstances. The Defendant, having been convicted of the same assault, failed to rebut the presumption under section 11 Civil Evidence Act 1968. The court found on the balance of probabilities that the non-consensual sexual assault occurred and awarded damages accordingly.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay the Claimant £48,320 in damages