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02 June 2011 / Heather Platt
Issue: 7468 / Categories: Features , Child law , Family , Personal injury , Limitation
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Handle with kid gloves

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Heather Platt examines the law in relation to children who sue their parents

IN BRIEF

  • The provisions of the Limitation Act 1980 lead to peculiar and unjust outcomes for claimants maltreated during their early years.
  • Claimants are advised to plead both negligence and trespass.

The law of tort is primarily concerned with providing a remedy to those who have been harmed by the conduct of others. This article considers the law in respect of parents’ legal obligations towards their children and some examples of cases which involve a child suing his or her parents for causing physical or psychological harm.

The case law in the UK has developed under the umbrellas of negligence and trespass to the person. However, one of the problems faced by claimants, particularly those who were abused as children, is the limitation regime which can operate in an arbitrary way causing irrational and unjust outcomes.

The limitation hurdle

The statutory basis for the limitation is the Limitation Act 1980 (LA 1980). It provides

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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