Estate Planning

Right to Pursue Damages Survives Expiry of Limitation Period

By Hull & Hull LLP

A v. Hoare is a significant House of Lords decision that modifies the law on limitation periods in the United Kingdom. 

In this case a retired teacher, Mrs. A., had been brutally attacked twenty years ago.  Her attacker, Mr. Hoare, was sentenced to life in prison for attempting to rape her.  He had already been convicted for prior sex attacks, including rape. 

While Mr. Hoare had previously had no financial assets, in 2004 he won the lottery (while on day parole) to the tune of seven million pounds!  He was released from prison in 2005.  

Mrs. A learned of the lotto win and pursued Mr. Hoare for damages.  After losing her claim in the first instance and on various appeals because she was outside the six-year limitation period, the matter went before the House of Lords, where it was decided that courts have the discretion to extend tort claims (beyond the six-year limitation period) for damages arising out of an intentional sexual assault in certain circumstances. 

This decision is expected to spark thousands of claims relating to historical abuse cases. 

Thanks for reading,

Natalia

Full post as published by Toronto Estate Law Blog on March 18, 2008 (boomark / email).