Historical Abuse: Balancing The Scales Under Section 33

Introduction

On 10 December 2008 Mr Justice Eady in the High Court gave judgment in TCD v. Harrow, a case which will be of interest to those who deal with historical abuse claims. It is one of the first cases in which the court has considered Section 33 since the decision of the House of Lords in Hoare which slightly modified the factors to be taken into account under the section. The decision is more likely to be warmly welcomed by those involved in the defence of this category of case rather than by those who represent claimants, but there is significance in it for both camps.

The claim

The claimant, aged 41, sought compensation from three local authorities, in whose districts she had lived for different periods of her childhood, for sexual abuse perpetrated upon her by X, her adoptive father. X abused her between 1975 and 1981 when she was aged eight to 14. Limitation was raised and despite opposition from the claimant, it was ordered to be tried as a