The limitation framework

At the time of writing, the law of limitation as it affects abuse claims is poised for reform. If reform occurs, it will most likely take the form of a House of Lords ruling in an appeal from the A v Hoare judgment or Parliament's overdue enactment of a Bill implementing the Law Commission's recommendations of 2001. If reform has been effected by the time of publication, much of the discussion surrounding Stubbings v. Webb which follows will be of largely historical interest, but much of what is examined under the heading ‘non-battery claims’ will become equally relevant to actions in battery against the perpetrators of abuse.

Whatever the current state of the law, the popularity and potency of the limitation ‘defence’ to child abuse litigation has profound implications for claims in this area. It is undoubtedly the effectiveness of our limitation regime in pre-empting most civil litigation concerning abuse from ever reaching a full hearing that is responsible for the stunted development of the law covered in this book.