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

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

The limitation period was disapplied under section 33 Limitation Act 1980 as a fair trial was possible and the Claimant had good reason for delay. The Defendant, having been convicted of the assault, failed to discharge the burden of proof to show the assault did not occur. The Claimant was awarded damages for psychiatric injury, therapy costs, and loss of earnings attributable to the assault.

Citation
[2019] EWHC 339
Parties
Claimant: KD; Defendant: Philip Gaisford
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Personal Injury Sexual Assault / Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Sexual Assault, Limitation Periods, Damages, Civil Evidence of Criminal Conviction
Tort Law Personal Injury Limitation Sexual Assault Limitation Periods Damages Civil Evidence of Criminal Conviction

Case Brief

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Parties

KD

Claimant

Philip Gaisford

Defendant

Procedural Posture

Personal Injury Sexual Assault / Trial Judgment

Legal Issues

  1. 1 Whether the claim is time-barred under the Limitation Act 1980
  2. 2 Whether the Defendant committed the alleged sexual assault
  3. 3 Quantum of damages

Ratio Decidendi

The limitation period was disapplied under section 33 Limitation Act 1980 as a fair trial was possible and the Claimant had good reason for delay. The Defendant, having been convicted of the assault, failed to discharge the burden of proof to show the assault did not occur. The Claimant was awarded damages for psychiatric injury, therapy costs, and loss of earnings attributable to the assault.

Court Disposition

Judgment for the Claimant

Orders

  • The limitation period is disapplied under section 33 Limitation Act 1980.
  • The Defendant is liable for damages for sexual assault.