Various Claimants v Bryn Alyn Community (Holdings) Ltd ((in Liquidation)) and Another
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 2003 |
| Date | 12 February 2003 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Auld, Lord Justice Waller and Lord Justice Mantell.
Limitation - cases brought by adults for abuse when children - delay - Limitation Act 1980 Section 11 12 and 14 and 33 - Stubbings v Webb [1992] AC 498 at 506 and [1992] QB 197.
As a general rule of thumb, the longer the delay after the occurrence of matters giving rise to a cause of action, the more likely it was that the balance of prejudice would swing against allowing the action to proceed by disapplication of the limitation period.
In cases brought by adults arising from abuse they had undergone as children, the permissible delay in each case was likely to be highly sensitive to the prejudice it caused to the defence notwithstanding the good reasons of the claimant for its length.
If the date of knowledge test in section 14 of the Limitation Act 1980 was properly applied so as to provide a claimant with an extension of the period by reference to it, the weight to be given to his reasons for delay thereafter should, in normal circumstances be limited.
The Court of Appeal so held dismissing cross-appeals by the first and second defendants Bryn Alyn Community (Holdings) Ltd (in liquidation) and Royal Sun Alliance plc from a Mr Justice Connell on June 26, 2001.
The judge had (i) found the first defendant liable to 14 adult claimants who as children had suffered sexual and/or physical abuse while in the care of its children's homes in North Wales; (ii) dismissed the appeals of two of the claimants against the judge's dismissal of part of their claims as statute barred; (iii) allowed the appeal of one claimant on issues of liability and limitation in respect of...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
-
Leonard v Dublin City Council and Others
...KINGDOM 1995 21 EHRR 342 EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 6(1) BEGUM v TOWER HAMLETS LONDON BOROUGH COUNCIL TLR 17.2.2003 POPLAR HOUSING & REGENERATION COMMUNITY ASSOC LTD v DONOGHUE 2002 QB 48 HOUSING ACT 1988 S21 (UK) CHAPMAN v UNITED KINGDOM 2001 33 EHRR 18 ......
-
KR and Others v Bryn Alyn Community (Holdings) Ltd ((in Liquidation)) and another
... ... He awarded all the successful claimants damages for pain, suffering and loss of amenities and some of them for loss of earnings and cost of psychotherapy ... 3 Each of the ... Community was to provide an alternative to the strict discipline and training regimes of approved schools for children of both sexes who, for various reasons, were vulnerable and/or unruly and in need of care. He held out the Community as providing a flexible, family type environment, catering for ... ...
-
Leonard v Dublin City Council
...KINGDOM 1995 21 EHRR 342 EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 6(1) BEGUM v TOWER HAMLETS LONDON BOROUGH COUNCIL TLR 17.2.2003 POPLAR HOUSING & REGENERATION COMMUNITY ASSOC LTD v DONOGHUE 2002 QB 48 HOUSING ACT 1988 S21 (UK) CHAPMAN v UNITED KINGDOM 2001 33 EHRR 18 ......
-
Home Sweet Home: A Practical Approach to Domicile
...visited Oct. 4, 2003) (containing a comprehensive review of each state's taxes); see also Military taxes: A state-by-state guide, ARMY TIMES, Feb. 17, 2003, at 121. See infra Appendix B. 122. See id. 123. See infra Appendix C. 124. See id. 125. See id. 126. See id. 127. See id. 128. See inf......
-
Fast food or fat food: food manufacturer liability for obesity: before the courts and juries extend liability beyond reasonable limits, proactive legislation can balance rights of claimants and the food industry.
...299 (1989). (45.) Christopher M. Fairman, A Judge's Heightened Pleading Rule Helps Ronald McDonald, but Hurts the Rest of Us, LEGAL TIMES, February 17, 2003, at (46.) Hearings at 36-38. Amy J. Vroom is a third-year student at the Valparaiso University School of Law. She earned her undergrad......
-
The role of the media, law, and national resolve in the war on terror.
...Has Gone Mad, THE TIMES (LONDON), Jan. 15, 2003, at 20; Anthony F. Greco, Letter to the Editor, Iraq and Oil, Still Inseparable, N. Y. TIMES, Feb. 17, 2003, at A20 ("The Bush administration is committed to the forceful assertion of American primacy in the world. The maximization of American......
-
Remarks: 9/11 and 9/12 + 10 = The United States, Al-Qaeda, and the World
...5 (last visited May 20, 2012). 16 Patrick, E. Tyler, THREATS AND RESPONSES: NEWS ANALYSIS; A New Power in the Streets , N.Y. TIMES (Feb. 17, 2003), http://www.nytimes.com/2003/02/17/world/threats-and-responses-news-analysis-a-new-power-in-the-streets.html?pagewanted=all&src=pm. 17 See Wayne......