Issue 13 April 2007 ASSOCIATION OF CHILD ABUSE LAWYERS SPECIAL POINTS OF INTEREST: • A useful limitation update from Peter Limitation Campaign Update by Peter Garsden Garsden • David Greenwood gives the mem- bership a protocol This article is the third assault, and bring it In the last article I which succeeds to be published in the into line with the rule anticipated there was • Peter Garsden ACAL newsletter and in negligence (3 years a possibility of the shows in his letter follows Jonathan extendable). draft bill getting into to the Dept for Cons Wheeler’s first the Queens Speech by Affairs that things article in November October 2006. can be done 2005, and my later Despite assurances • Richard Scorer article in March 2006. given by the gives us his view on various important This article provides Department of cases an update of Constitutional Affairs developments over the this did not happen. • Alan Collins gives a helpful report on last year. Young v Cahotlic Care For those who have not followed It also redefines developments to date, Mental capacity in line we are lobbying with the new Mental INSIDE THIS parliament to bring Capacity Act 2007. ISSUE: into force a change in Links to the Law the law of limitation as Commission Limitation Campaign 3 recommended by the report and draft bill Update Law Commission as are on line within the Informal Protocol for long ago as 2001, and members section of the 4 Child Abuse Claims following adverse ACAL site, if you follow comments by the this link Limitation Lobby Letter 6 European Court in Stubbings v Webb. http://www. childabuselawyers. Case Report— 8 Middleborough Effectively the act will com/Members/ abolish the time limit LegalMiscellaneous. Case Report—Leeds of 6 years in cases of htm. 10 Diocese Case Report—C v G 12 Case Report —Young v 14 Catholic Care Issue 13 Page 2 A NOTE FROM THE CO-ORDINATOR is also news on ACAL’s lob- Welcome to another year for members. However the con- bying of the government on ACAL. At present we await ference business is a com- limitation law and an article the decision of the House of petitive one and we had to on Young v Catholic Care by Lords in A v Ioworth Hoare pull out before we incurred Alan Collins. Thank you to and other cases. The latest further loss. all our contributors. news from Jonathan Wheeler of Messrs Bolt Bur- Onwards and upwards. Malcolm Johnson— don Kemp is that the case is From this year our Co- Co-ordinator unlikely to be heard by the ordinator, Malcolm Johnson House of Lords before No- & Co. will be producing our vember 2007. In the mean- bi-annual newsletter and I time, the case of Young ver- hope that you like the for- sus Catholic Care and the mat. Our website, managed Home Office is seeking per- by Abney Garsden McDon- mission to appeal to the ald continues to be a much House of Lords. needed source of education and information. We will Regrettably ACAL had to continue to host our training cancel its conference at programmes and in the Highgate House which had meantime, enquiries are been postponed due to lack coming in steadily from vic- of numbers. The idea behind tims of abuse. the conference was to pro- In this edition we have a mote the name of ACAL and limitation update from Peter reach out to those profes- Garsden, and a suggested sionals whose mistakes pre action protocol drafted mean a Letter of Claim from by David Greenwood. There one of our solicitor Issue 13 Page 3 Limitation Campaign Update by Peter Garsden Cont’d Events overtook us by the London to which you are all tre. The more publicity, decision given in Young v invited. Plans have not yet however, there is about child Catholic Care and the Home been finalised, but we are abuse the less the Claimants Office in the Court of hoping to have the support can argue that they do not Appeal, closely followed by A of Joe Benton MP (Bootle have B and Others v Nugent Care Merseyside). knowledge either Society in which Judges subjectively or construc- expressed exasperation at The provisional plan is:- tively. The their hands being tied by the further ahead in time we go Limitation Act 1980, and 1.Visit to 10 Downing Street the more difficult historic emphasis upon an to hand over the petitions. claims from the 50s and 60s objective test for date of are likely to become. David knowledge. I will not go into 2.A press conference. A de- Greenwood will agree that a debate on the subject as bate in a committee room of increased reliance upon ex- this will be covered by other the House of Commons, to pert evidence, and what is articles. which MPs will be invited in reasonable, is the key to order to raise the profile and success in this area. The three test claimants in importance of not only child the North West child abuse abuse, but the problem This article does not go into group action who went to St. caused by the Limitation Act any detail as to what the Aidans are connected with and state of the law. new act will change. Its the male rape support group most important Fire and Ice Liverpool. They You are all no doubt aware benefit is to indirectly make were very anxious to draw that various cases (X and Y liability much easier to prove attention to the v Islington because we will be able to inadequacies of the law, and Borough Council, Iowarth use help us fight for changes. I Hoare, and Young) are likely Vicarious Liability for acts of understand there is a simi- to go before the House of assault when suing lar support group, which Lords in the autumn of this institutional Defendants. has been formed by the year. Since our campaign The days of having to show survivors of the group led by will be based upon bringing consistent Kevin Young in the York- into force a new Limitation failings in systems of man- shire group action. Statute it will not conflict agement and negligence will with the appeals, but will hopefully disappear. It appears that in view of the add welcome political anger felt by abuse victims support and pressure indi- © Peter Garsden Vice Presi- there will be a further public rectly upon the appellate dent ACAL (Association of consultation in the Spring courts. Child Abuse Lawyers). about the bill. I have replied indicating concern at Finally, it is not surprising [email protected] further delays. I have not that the attached my reply, but can pendulum has swung from www.abneys.co.uk provide it to any member being in favour of the Claim- who would like to email me ants (Lister v Hesley Hall at: [email protected]. Ltd, Bryn Alyn) to being in favour of the Defendants In any event various online (Young). At the moment petitions have been created Limitation law is as biased on the back of the ACAL pe- against Claimants as it can tition, which now has over be. I feel it is 600 signatures. In total we inevitable that the pendu- estimate we have over 1000 lum will swing back towards signatures nationwide. We the Claimants, and hopefully are planning a day down in arrive somewhere in the cen- Issue 13 Page 4 Child Abuse Claims Informal Protocol thority with management and redacted within 6 months of the control thereof; notification of claim. The Protocol g. Details of the said homes it is alleged that sexual and/or The proposed Defendants will con- The purpose of this protocol is to physical abuse is alleged to sider the disclosure of any further encourage open disclosure of evi- have occurred, together with information in their possession or dence and documents dates of residency. control which would ultimately be between the Claimants and the pro- h. In so far as the home is discloseable in civil posed Defendants with a view to m a n a g e d a n d / o r proceedings and will disclose such resolving the cases and in any event controlled by an authority or documentation within 6 months narrowing and other than the Defendant state of the notification of claim. defining the issues. if a claim has been intimated providing, all relevant docu- The protocol is entered into in an Medical Evidence mentation in respect thereof. attempt to deal with the cases with- i. Provide as much detail as pos- out the expense of proceedings and The parties shall be free to sible of the alleged abuse to the promotion of settlement of instruct medical experts of their include the names of abuser claims. choice. (s), where known and the na- ture and frequency of The protocol will apply to The parties will consider joint in- the alleged abuse; individual cases where a struction of an agreed expert. j. State whether or not the notification of claim is served on the Claimant has been In- proposed Defendant of it’s solicitor. Where medical evidence has not yet terviewed by the Police in rela- The proposed been provided the claimant’s solici- tion to any enquires or com- Defendant has 28 days from the tor will disclose the plaints and whether any state- date of service of the report within six weeks of ment has been given to the notification of claim to object to the receipt. Police. operation of the k.