Frances Gibb. Legal Editor and David Sanderson
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Thousands of victims of sexual abuse including a woman whose life was ruined by the so-called Lotto rapist are preparing to lodge compensation claims after a landmark ruling by Britain’s highest court yesterday.
Local authorities, churches, schools, charities and insurers are bracing themselves for claims that could total millions of pounds.
The ruling by five law lords comes in six test cases, including that of Mrs A, a retired teacher attacked by Iorworth Hoare, who later won £7 million on the lottery while in prison. He served 16 years of a life sentence for her attempted rape. At least two more of Mr Hoare’s victims are considering legal action, DLA Piper, the firm that represented Mrs A, said. The women approached the firm in November.
As The Times revealed yesterday, the law lords swept away the bar on bringing claims for sexual assault more than six years after an attack. Instead, courts should have discretion to allow claims to go ahead outside the time limit, they said.
All the individual cases will now go back to the courts so that they can be reconsidered in the light of the findings by Lord Hoffmann, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell and Lord Brown of Easton-under-Heywood.
Mrs A, who received £5,000 in compensation two years ago from the Criminal Injuries Compensation Board for the attempted rape in 1988,is maintaining her anonymity. In a statement read by Sandra Baker, of DLA Piper, she said: “I am delighted and relieved that my appeal to the House of Lords has been successful and that I have succeeded in changing a law which will provide others with a means of achieving justice.”
Mrs A’s claim and the other test cases are likely now to come back to the courts within months. Mrs A hopes to recover enough to repay the £5,000 from the compensation board.
That, her lawyers said, was her aim. “If there is anything awarded above that, it is a bonus. But she has always said this is not about money,” they said.
Mrs A was originally ordered to pay Mr Hoare’s £100,000 legal fees after unsuccessful attempts to bring a case for compensation in the High Court and Court of Appeal. Costs for the appeal have yet to be decided but it is likely that Mr Hoare will be ordered to repay the £100,000 plus legal costs.
In another of the cases, Kevin Young, 49, claims that he suffered sexual abuse when in the care of Catholic Care in Leeds in the 1970s and in a Home Office detention centre. He sought to bring a claim in 2003, more than 20 years after the expiry of the time limit for such claims.
Kathy Perrin, of the law firm Hill Dickinson, who acted for Catholic Care, said that it took comfort from the ruling because not all historic claims would be able to proceed. Judges would have a discretion in such cases and if victims delayed a claim for “psychosocial reasons” that would not be enough to allow a claim to go ahead late, she said.
The law lords ruled that the present law was anomalous and forced victims to try to prove negligence to get around the time bar. Judges have discretion on whether to allow negligence claims to proceed, but sexual assault claims have a six-year limit.
Test of time
Five other test cases were involved in the landmark decision:
C v Middlesbrough council The claimant was subjected to sexual abuse between 1982 and 1988 at a council-managed school. The judge said that C would have got damages of nearly £100,000 but that the claim was barred by the Limitation Act and dismissed allegations of negligence against the council
H v Suffolk County Council The appellant claimed that while at a school for difficult children managed by the council he was sexually abused by a member of staff. He brought proceedings 12 years later. Case was thrown out because it was out of time
X, Y v Wandsworth London borough The two appellants allege that between 1984 and 1987 they were abused by one teacher at a council-managed school. They brought proceedings more than 15 years later and were told that they would have won damages but for the fact that they were outside the time limit
Y v Catholic Care and Home Office The claimant alleges that sexual abuse by employees at a school and a detention centre. His claims were again barred by the Limitation Act
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Likely to involve many false accusers, (an unfortunate phenomenon that has ruined many lives) who can now get even more money that they did from the compo in the first place. In the meantime innocent people will come out from unjust prison sentences handed down for non existent sexual abuse crimes and have to pay a second time for something that never happened. It is a disaster. If anything we should be putting the statute of limitations on all abuse cases for 6 years after the age of majority and bring an end to the child abuse witch hunt that has gripped the uk for so long.
Baz, manchester,
There is a major legal issue in this case that goes beyond a debate over whether or not this decision is fair or just...
The Limitation Act clearly states a six year time limit exists for these cases. As far as I'm aware, there was not a common law principle being challenged here. It was just the statue.
The court should uphold the six year time limit. Not because it is fair or unfair, just or unjust. But because of the principle of the separation of powers. It is Parliament's role to make and amend laws laid down by statute. It's the courts role to enforce the law on the statute book not to amend it.
Micheal, Plymouth,
This is a crime that time does not cure and if there is good evidence, time should not be a factor. Yes, there is significant evidence of a long term link of Religions to sexual and non sexual abuse cases, some of it going back hundreds of years, some evidence is easily found on the web.. Given that history it is particularly worrying that the Govt. have placed such emphasis on taxpayer funding of Sectarian schools. It is probable that much existing Sectarian child abuse, particularly physical and mental abuse involving girls, does not get reported because it is buried by the cultural ethos. The Catholic system of keeping it in house and policing themselves, evidentially ,did not work well and in many cases the hierarchy protected its own. It is essential that today's schools and child institutions are never given that same opportunity of self policing their ethos since this would be an unforgivable betrayal of innocence and certainly put some children at the mercy of predators.
Keith Budden, Rayleigh, England