F And S vTH [2016] EWHC 1605 (QB) (01 July 2016)

F And S vTH [2016] EWHC 1605 (QB) (01 July 2016)

The court declined to exercise its discretion under section 33 of the Limitation Act 1980 to allow the claims to proceed out of time, finding that the evidence was unreliable and insufficiently cogent to establish the alleged abuse on the balance of probabilities, and that the passage of time had caused prejudice to the defendant's ability to defend the claims fairly.

Citation
[2016] EWHC 1605 (QB)
Parties
Claimant: F; Claimant: S; Defendant: TH
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Civil Personal Injury (sexual Abuse) / High Court Trial Judgment
Outcome
Claims dismissed
Legal Topics
Historic Sexual Abuse, Limitation Period Extension, Vicarious Liability of Religious Institutions, Assessment of Damages, Credibility of Witnesses
Tort Law Limitation Law Vicarious Liability Historic Sexual Abuse Limitation Period Extension Vicarious Liability of Religious Institutions Assessment of Damages Credibility of Witnesses

Case Brief

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Parties

F

Claimant

S

Claimant

TH

Defendant

Procedural Posture

Civil Personal Injury (sexual Abuse) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the court should exercise its discretion under section 33 of the Limitation Act 1980 to allow the claims to proceed out of time
  2. 2 Whether the evidence is sufficiently cogent to establish the alleged abuse on the balance of probabilities
  3. 3 Whether the defendant is vicariously liable for the alleged acts of Father M

Ratio Decidendi

The court declined to exercise its discretion under section 33 of the Limitation Act 1980 to allow the claims to proceed out of time, finding that the evidence was unreliable and insufficiently cogent to establish the alleged abuse on the balance of probabilities, and that the passage of time had caused prejudice to the defendant's ability to defend the claims fairly.

Court Disposition

Claims dismissed

Orders

  • Claims by F and S dismissed in their entirety
  • No extension of limitation period granted under section 33 of the Limitation Act 1980