header-logo header-logo

The power of discretion

25 September 2009 / Deborah Newberry
Issue: 7386 / Categories: Features , Profession
printer mail-detail

Deborah Newberry considers AB & others v Nugent Care Society

In considering the correct approach to the application of the Limitation Act 1980, s 33 following A v Hoare [2008] UKHL 6, [2008] All ER (D) 251 (Jan) the Court of Appeal has confirmed the liberal approach to the court’s exercise of discretion in historic sexual abuse cases.

The case concerned three claimants (who had been selected as test cases in a group action of approximately 60 complainants): JPM, JB and DVB. All had been inmates in approved schools and children’s homes run by the defendant at some point between 1967 and 1978. In 1994 the police began investigations into sexual abuse and proceedings were issued between January 1997 and October 2001.

The allegations of abuse ranged from excessive corporal punishment to serious acts of gross indecency.

In each case, the issues centred on the date of knowledge of injury for the purposes of s 14 and, if the action was otherwise time barred, whether it would be equitable to allow it to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
back-to-top-scroll