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

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

The court refused 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 delay had caused prejudice to the defendant such that a fair trial was not possible.

Citation
[2016] EWHC 1605
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
Vicarious Liability, Limitation Periods, Historic Sexual Abuse, Exercise of Judicial Discretion, Assessment of Damages
Tort Law Limitation Law Personal Injury Vicarious Liability Limitation Periods Historic Sexual Abuse Exercise of Judicial Discretion Assessment of Damages

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 prejudiced by the delay such that a fair trial is not possible

Ratio Decidendi

The court refused 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 delay had caused prejudice to the defendant such that a fair trial was not possible.

Court Disposition

Claims dismissed

Orders

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