Limitation, s33 discretion and moral culpability

The ability of a claimant to bring a claim many years after abuse occurred is an issue which remains contentious and has again been the subject of recent judicial determination.

In the case of GH v (1) The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016], His Honour Judge Gosnell concluded that when determining the court’s authority to exercise its discretion under s33 of the Limitation Act 1980, moral culpability of a defendant’s alleged actions should not be taken into consideration.

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