KD v Gaisford

KD v Gaisford

The claim was allowed to proceed out of time under section 33 Limitation Act 1980 due to the Claimant's prompt reporting, psychiatric impact, and the availability of contemporaneous evidence; the Defendant failed to discharge the burden of proof to rebut the presumption arising from his criminal conviction, and damages were awarded based on psychiatric evidence and loss of earnings.

Parties
Claimant: KD; Defendant: Philip Gaisford
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Sexual Assault, Limitation, Damages, Civil Evidence
Personal Injury Tort Law Sexual Assault Limitation Damages Civil Evidence

Case Brief

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Parties

KD

Claimant

Philip Gaisford

Defendant

Procedural Posture

Civil / 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 claim was allowed to proceed out of time under section 33 Limitation Act 1980 due to the Claimant's prompt reporting, psychiatric impact, and the availability of contemporaneous evidence; the Defendant failed to discharge the burden of proof to rebut the presumption arising from his criminal conviction, and damages were awarded based on psychiatric evidence and loss of earnings.

Court Disposition

Judgment for the Claimant

Orders

  • The prescribed time limits under section 11 Limitation Act 1980 are set aside under section 33.
  • The Defendant is found liable for non-consensual sexual assault.