header-logo header-logo

17 January 2008 / Patrick Sadd
Issue: 7304 / Categories: Features , Damages , Personal injury
printer mail-detail

End of the line for Stubbings?

Patrick Sadd examines the legal history underpinning calls for changes to the rules governing limitation

The claimants’ appeals recently argued before the House of Lords in A v Hoare, H v Suffolk County Council, X v London Borough of Wandsworth, C v Middlesbrough have been characterised in the headline “Lotto rapist goes to House of Lords” (see Daily Telegraph Online 29 October 2007). As Richard Scorer has described (see 157 NLJ 7297, pp 1596–97) the House of Lords has been invited to depart from its much-criticised decision of Stubbings v Webb and another [1993] AC 498, [1993] 1 All ER 322.

Lost in the headlines is the legal route the House of Lords has been invited to take in deciding whether or not to depart from Stubbings, an outcome in which all four appeals share a common interest. It is rare for the House of Lords to depart from one of its own decisions. Yet in 2006 it did so in Horton v Sadler [2006]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll