Sexual and physical abuse victims to be given more time to claim compensation

Below is a press release issued by Abney Garsden McDonald in response to the House of Lords ruling on 30 January, 2008. Following this press release Peter Garsden, Managing Partner, featured on Radio Manchester and Channel M news.

One of the UK’s leading experts on child abuse, Manchester based Peter Garsden, has today welcomed a House of Lords ruling which he believes will revolutionise the law on child abuse compensation claims.

Until now, victims of abuse have been restricted by law from bringing a claim more than six years after an attack or, in child abuses case, more than six years after reaching their 18th birthday.

Following the ruling the law will become less rigid making it a lot easier for survivors of rape and assault to bring civil claims for compensation against their abuser many years after the event. Cases are less likely to fail because they are out of time.

One of the cases, which led to today’s judgement, followed an appeal in the case of a woman in Leeds who in 1988 was attacked by Iowarth Hoare. He was jailed for life in 1989. The woman did not pursue a claim for damages against him at the time because he had no assets.

In 2004, while on day release from prison, Mr Hoare bought a ticket for the national lottery, which won him £7 Million. On hearing of his new wealth, the woman attempted to bring a claim against him. In the view of the court, she could not take action against Mr Hoare, who has now been released from prison, because the time between her injuries and the commencement of proceedings exceeded the limitation period.

The Lords have realised that English law is far less generous to the victims of sexual assault than the laws of most Commonwealth countries and that English law ought to be brought into line with other jurisdictions. In some provinces of Canada there is no time limit in cases of sexual assault at all.

Commenting on the changes Peter Garsden, Managing Partner of Abney Garsden McDonald Solicitors said: “ The law has been in an unsatisfactory mess for some years now. These decisions will bring about much needed clarity for lawyers, and justice for survivors.”