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Civil claims over sex abuse were time-

barred
LAW REPORT v 24 October 1996
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Paul Magrath , Barrister | Thursday 24 October 1996 00:02 | 0 comments The Independent

Stubbings and others v United Kingdom; European Court of Human Rights; 22 ADVERTISEMENT

October 1996

In regulating access to its courts, a state could impose such limitations as were
legitimate and proportionate, so long as they did not restrict the right of access to
such an extent that the very essence of the right was impaired.

The European Court of Human Rights ruled by seven votes to two that, in
applying the Limitation Act 1980 to dismiss claims by Leslie Stubbings and three
other applicants for damages for sexual abuse by various adults during the
applicants' childhood, there had been no violation of articles 6 of the European
Convention on Human Rights. The court also ruled, unanimously, that there had
been no violation of article 8; and by eight votes to one that there had been no
violation of article 14.

Article 6 provides: "In the determination of his civil rights and obligations . . .
everyone is entitled to a . . . hearing [by a] tribunal". By article 8, "Everyone has
the right to respect for his private and family life". By article 14, the enjoyment of
Convention rights "shall be secured without discrimination on any ground".
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Ms Stubbings, who was born in 1957, alleged that between the ages of two and
14 she was sexually abused by her adoptive father, Mr Webb, and his son
Stephen, which caused her severe psychological problems. However, it was not
until September 1984, following psychiatric treatment, that she realised for the
first time there might be a connection between the childhood abuse and her
mental health. In August 1987 she commenced proceedings against the Webbs,
seeking damages for the alleged assaults.

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Similar claims by the other applicants, against their fathers or in once case their Beto O'Rourke destroys Ted
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The six-year time limit was not unduly short. It was proportionate to the aims
sought to be achieved. It was not for the court to substitute its own view as to the
appropriate policy in this regard.

Article 8 clearly applied to these complaints, which concerned a matter of

"private life". Although its object was essentially to protect the individual against
arbitrary interference by public authorities, it might also impose positive
obligations involving the adoption by the state of measures designed to secure
respect for private life even in the sphere of relations between individuals.

Sexual abuse was unquestionable an abhorrent type of wrongdoing. Children and

other victims were entitled to state protection, in the form of effective deterrence, Sponsored Features
from such grave interference with their private lives. Such protection was, New Zealand's national icon
however, already afforded by the criminal law. Article 8 did not require states to improves from "endangered"
to "vulnerable"
secure respect for private life by the provision of unlimited civil remedies where
criminal sanctions were in operation. Digital piano for your family

Finally, the court found that the difference in the 1980 Act between its treatment
of victims such as the applicants, who had been subjected to deliberate injury, and See a different side of Spain
those who were victims of negligence, did not amount to "discrimination"
contrary to article 14.
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