The decision in Hoare represents a common sense approach to achieving justice, says Seamus Burns
Fears of the floodgates being opened following the High Court decision in A v Hoare [2008] EWHC 1573 (QB) (08 July 2008), [2008] All ER (D) 95 (Jul) are greatly exaggerated and misconceived.
However, Mr Justice Coulson's decision to exercise his discretion under s 33 of the Limitation Act 1980 (LA 1980) and to disapply the relevant three-year limitation period, so that the claimant, Mrs A, was entitled to pursue her claim for damages, represents a welcome sign that the courts are prepared to fashion the law in a manner conducive to achieving justice.
Mrs A commenced her proceedings on 22 December 2004, more than 16 years after the defendant, Iorworth Hoare, had been convicted of attempted rape of her and sentenced to life imprisonment (and who had subsequently been released from prison on licence on 10 May 2004, and had fortuitously won £7m on the National Lottery, whilst still on day release).
The High Court decision follows hard
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