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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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