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A (1) B (2) & Ors v Nugent Care Society (formerly Catholic Social Service (Liverpool))




[2006] EWHC 2986 LTL 1/12/2006 2006-12-01

Any claimant seeking to claim damages by way of an action in negligence for sexual abuse suffered in the 1960s and 1970s had formidable forensic hurdles to surmount, not helped by the absence of any specifically tailored limitation statute and it was only on a case by case basis that limitation findings could be made. However, in relation to one of the claimants relief was granted in accordance with the Limitation Act 1980 s. 33 on the basis that the care society in whose care he was placed had failed to put into place adequate systems to protect that claimant from abuse by his headmaster and had therefore failed to fulfil their duty of care to him.