Frances Swaine, partner and head of the human rights department at law firm Leigh Day & Co, welcomes the ruling in
A v Hoare and ors on 30th January 2008. The landmark judgment means that the victim of an attempted rape will able to claim compensation from her attacker despite her case being more than six years old. The case overturns a previous HL case,
Stubbings v Webb [1993] AC 498 which ruled that a six-year limitation period from the age of majority applied in personal injury cases (including abuse cases). Judges are now likely to be allowed to apply discretion to time limits in cases of sexual abuse and assault. People who have suffered such attacks are often unable to come forward for many years after the events and the HL decision seems to reflect a welcome shift in attitude towards the victims and perpetrators of abuse.
Lawyers at Leigh Day & Co have for many years acted for clients who have suffered sexual abuse, often as children. Until now it has been hard to advise clients about possible legal redress but yesterday's ruling means that there is now an avenue that they can explore if perpetrators of abuse can be shown to own significant assets, or if victims were in the care of local authorities at the time of their abuse.
For more information please contact
Frances Swaine on 020 7650 1200.
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