Malcolm Keen examines how a recent House of Lords ruling has affected occupational illness litigation
On 30 January 2008 the House of Lords announced its decisions in A v Hoare and other appeals [2008] UKHL 6, [2008] All ER (D) 251 (Jan)— appeals arising out of allegations of sexual assault and abuse. The cases concerned two main issues:
the appropriate limitation period in claims for intentionally caused personal injury; and
the test to determine date of knowledge where a claim is brought more than three years after the cause of action has accrued.
On the first issue, their lordships unanimously held that such claims are not subject to the non-extendable six-year limitation period (running from the date the cause of action accrued) under the Limitation Act 1980 (LA 1980), s 2. Instead, claims for intentional personal injury are covered by LA 1980, ss 11 and 14.
DATE OF KNOWLEDGE
It is the second issue which is of particular significance in occupational illness litigation.
