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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

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
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