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02 June 2011 / Heather Platt
Issue: 7468 / Categories: Features , Child law , Family , Personal injury , Limitation
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Handle with kid gloves

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Heather Platt examines the law in relation to children who sue their parents

IN BRIEF

  • The provisions of the Limitation Act 1980 lead to peculiar and unjust outcomes for claimants maltreated during their early years.
  • Claimants are advised to plead both negligence and trespass.

The law of tort is primarily concerned with providing a remedy to those who have been harmed by the conduct of others. This article considers the law in respect of parents’ legal obligations towards their children and some examples of cases which involve a child suing his or her parents for causing physical or psychological harm.

The case law in the UK has developed under the umbrellas of negligence and trespass to the person. However, one of the problems faced by claimants, particularly those who were abused as children, is the limitation regime which can operate in an arbitrary way causing irrational and unjust outcomes.

The limitation hurdle

The statutory basis for the limitation is the Limitation Act 1980 (LA 1980). It provides a six-year limitation period for actions founded in tort

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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