Legal News

Limitation defence in non-recent abuse claim

Published on: 19 July 2016
Published by: LexisPSL
  • Limitation defence in non-recent abuse claim
  • Original news
  • What issues did this case raise? Why is it significant?
  • Why did the court not exercise their section 33 of the Limitation Act 1980 discretion?
  • How helpful is this judgment in clarifying the law in this area? Are there any remaining grey areas?
  • What are the practical implications of the judgment? What does all this mean for lawyers and their clients? What should they do next?

Article summary

Personal Injury analysis: What are the main issues clarified by the judgement in F and S v TH? Ian Carroll, senior associate at Hill Dickinson LLP, examines in detail the judgment in F and S v TH, which demonstrates that the limitation defence still remains a valid defence in non-recent abuse claims, and that the courts will not exercise their unfettered discretion to allow claims to proceed, where appropriate. or take a trial to read the full analysis.

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