header-logo header-logo

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

The power of discretion

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll