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14 February 2008
Issue: 7308 / Categories: Case law , Law digest , Damages , Personal injury
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TORT

A v Hoare and other appeals [2008] UKHL 6, [2008] All ER (D) 251 (Jan)

A claim for damages for personal injuries caused by a sexual assault falls within the Limitation Act 1980, s 11 and so has a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings—and the judge may extend that period, under s 33, if it is equitable to do so.

 

In determining that date, the test is whether or not a reasonable person with the claimant’s knowledge would have considered the injury sufficiently serious. Such personal characteristics of the claimant as might have prevented him from acting as a reasonable person would have are a matter for judicial discretion under s 33.

 

The House of Lords held that its earlier decision in Stubbings v Webb [1993] AC 498, [1993] 1 All ER 322 was wrongly decided.

Issue: 7308 / Categories: Case law , Law digest , Damages , Personal injury
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MOVERS & SHAKERS

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose strengthens Medical Negligence team with senior leadership appointments

Birmingham Law Society—Sabina Kauser

Birmingham Law Society—Sabina Kauser

Ward Hadaway partner appointed Vice President of Birmingham Law Society

Excello Law—Nick Gore & Irfan Ali

Excello Law—Nick Gore & Irfan Ali

Excello Law immigration boost with two more hires from Irwin Mitchell

NEWS
An optometrist contesting a misconduct finding appealed his case because the judge heard it remotely while reclining in bed at home where he was recovering from surgery on a ruptured Achilles tendon
Official figures showing record criminal court backlogs provide further evidence ministers should abandon controversial plans to scale back access to jury trials, the Bar Council has said
A naturist walking naked on a public footpath near Macclesfield did not have his human rights breached when a police officer arrested him, the High Court has held
CILEX has urged the government to maintain the Access to Justice Foundation’s (AJF’s) status as the only charity entitled to undistributed damages and settlements from opt-out collective actions
The Ministry of Justice is running a £4m national television and social media channel campaign to recruit thousands more magistrates
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