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15 November 2007 / Richard Scorer
Issue: 7297 / Categories: Features , Damages
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Out of time

Illogical and unjust limitation laws are punishing the victims
of sexual assault and child abuse, says Richard Scorer

In August 2004 Iorworth Hoare (pictured right), a serial rapist, won £7m in the National Lottery. One of his victims decided to sue him for damages. An open and shut case, one might assume; a convicted rapist has money and one of his proven victims seeks just reparation. Surely the only issue for a court would be to decide on the amount of damages?

But as the victim discovered to her shock, no claim was possible. The rape had taken place in the 1970s, and the action was out of time. Currently, the time limit for an assault claim is six years from the date of the assault—or, if later, the date of the claimant’s majority. The court has no discretion to waive this time limit, however justified the victim’s delay. This archaic rule, which ignores the recognised fact that many victims of sexual assault do not have the psychological resources to commence litigation within six years,

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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