Tweet
Please, I am looking for members who can help me with the changing of the Limitation Law that we have in this country.
The Law states that we cannot take a civil action against a Council/Childrens Home if we have gone beyond the age of 24.
please not this is a Civil action and not criminal.
The princible of Limitation, which requires claims to be brought within a certain time limit, is a long-standing one in the law of Civil Liability. The present Law on Limitation is found in the limitation Act 1980. It recognises the needs of both the claimant, who may find it increasingly difficult to bring the appropraite evidence with the passage of time, and the defendant who, without limitation, might have the possibility of a claim hanging over them indefinitely.
Claims by victims of child sexual abuse pose particular problems for any limitation regime, and it may be helpful if I explain the position by reference to two leading cases, which involved claims in relation to child abuse. In Stubbings-V-Webb, the plaintiff claimed damages against her stepfather and stepbrother for sexual abuse alleged to have been committed by them against her when dhe was a child. The House of Lords held that those actions were an intentional trespass on the plaintiff's person. As Such, section 2 of the 1980 Act was applicable, which lays down a limitation period of six years from the date on which the cause of action accrued. In any civil cases when the plaintiff was a child at the time of the relevent act or omission, the limitation period will not start until the age of majority (Section 28 of the 1980 Act). However, in this case the plaintiff had gone beyond her 24th birthday by the time the case was initiated, so the defence of limitation was successful. The plaintiff took the matter to the European Court of Human Rights, but that body upheld the validity of the relevant limitation periods under the European Convention of Human Rights (the six year period is in fact longer than the equivalent in some other contracting nations).
I S-v-W, the plaintiff claimed damages against her mother for failing in the duty to protect her from sexual abuse from her father when she was a child. The Court of Appeal held that this omission by the mother was negligence which resulted in personel injury, the limitation period for which is
3 years, but will only start to run from the first date the plaintiff had-or reasonably could have - knowledge of the relevant facts (if that is later than the date of the relevant act or omission) (setion 11 of the Act) As previosly mentioned, section 28 of the Act might also be relevant in such cases, but possibly less so with the flexability already provided by section 11. On the particuler facts, the court found that the plaintiff had started the case within 3 years of gaining the relenant knowledge, and the limitation defence was therefore defeated.
As you mention, the Law Commission has examined the Law of Limitation in England ans Wales, and published its report 'Limitation of Actions' in July 2001. The report recommended changes in the Law to create as far as possible a unified Limitation system for civil claims. Under these peoposels, a claim in relation to child abuse, whether in traspass against the person or in negligence, would have to be brought within a primary limitation period of three years which would run from the date on which a claimant knew (or ought reasonably to have known) the facts giving rise to the cause of action, the identity of the defendant, and that any injury, loss or damage was significant. As now the limitaion period would not start until the age of 18. However the court would have a discretion to disapply this limitation period if it considered that it would be unjust not to allow the claim to proceed. These provisions would not enable a claim which had been barred under the 1980 Act to be revived.
In July 2002, the Govenment announced its acceptance in principle of the Law Commissions recammendations, subject to further consideration of certain aspects of the report. Legislation to implement those proposals which are accepted will be introduced when a suitable legislative opportunity arises.
Can you please please help me with my petition to have this law changed, If you can mail me at jimbrowne84@hotmail.com
and I will mail you a attachement with the petition and if you could fill it in for me and send it back by post (Only the cost of a stamp) you can help people get justice.
Many thanks for your help
The Law states that we cannot take a civil action against a Council/Childrens Home if we have gone beyond the age of 24.
please not this is a Civil action and not criminal.
The princible of Limitation, which requires claims to be brought within a certain time limit, is a long-standing one in the law of Civil Liability. The present Law on Limitation is found in the limitation Act 1980. It recognises the needs of both the claimant, who may find it increasingly difficult to bring the appropraite evidence with the passage of time, and the defendant who, without limitation, might have the possibility of a claim hanging over them indefinitely.
Claims by victims of child sexual abuse pose particular problems for any limitation regime, and it may be helpful if I explain the position by reference to two leading cases, which involved claims in relation to child abuse. In Stubbings-V-Webb, the plaintiff claimed damages against her stepfather and stepbrother for sexual abuse alleged to have been committed by them against her when dhe was a child. The House of Lords held that those actions were an intentional trespass on the plaintiff's person. As Such, section 2 of the 1980 Act was applicable, which lays down a limitation period of six years from the date on which the cause of action accrued. In any civil cases when the plaintiff was a child at the time of the relevent act or omission, the limitation period will not start until the age of majority (Section 28 of the 1980 Act). However, in this case the plaintiff had gone beyond her 24th birthday by the time the case was initiated, so the defence of limitation was successful. The plaintiff took the matter to the European Court of Human Rights, but that body upheld the validity of the relevant limitation periods under the European Convention of Human Rights (the six year period is in fact longer than the equivalent in some other contracting nations).
I S-v-W, the plaintiff claimed damages against her mother for failing in the duty to protect her from sexual abuse from her father when she was a child. The Court of Appeal held that this omission by the mother was negligence which resulted in personel injury, the limitation period for which is
3 years, but will only start to run from the first date the plaintiff had-or reasonably could have - knowledge of the relevant facts (if that is later than the date of the relevant act or omission) (setion 11 of the Act) As previosly mentioned, section 28 of the Act might also be relevant in such cases, but possibly less so with the flexability already provided by section 11. On the particuler facts, the court found that the plaintiff had started the case within 3 years of gaining the relenant knowledge, and the limitation defence was therefore defeated.
As you mention, the Law Commission has examined the Law of Limitation in England ans Wales, and published its report 'Limitation of Actions' in July 2001. The report recommended changes in the Law to create as far as possible a unified Limitation system for civil claims. Under these peoposels, a claim in relation to child abuse, whether in traspass against the person or in negligence, would have to be brought within a primary limitation period of three years which would run from the date on which a claimant knew (or ought reasonably to have known) the facts giving rise to the cause of action, the identity of the defendant, and that any injury, loss or damage was significant. As now the limitaion period would not start until the age of 18. However the court would have a discretion to disapply this limitation period if it considered that it would be unjust not to allow the claim to proceed. These provisions would not enable a claim which had been barred under the 1980 Act to be revived.
In July 2002, the Govenment announced its acceptance in principle of the Law Commissions recammendations, subject to further consideration of certain aspects of the report. Legislation to implement those proposals which are accepted will be introduced when a suitable legislative opportunity arises.
Can you please please help me with my petition to have this law changed, If you can mail me at jimbrowne84@hotmail.com
and I will mail you a attachement with the petition and if you could fill it in for me and send it back by post (Only the cost of a stamp) you can help people get justice.
Many thanks for your help
Comment