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25 September 2009 / Deborah Newberry
Issue: 7386 / Categories: Features , Profession
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The power of discretion

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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

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