[2025] EWHC 2621 (KB)

The usual practice in cases involving alleged sexual abuse where section 33 of the Limitation Act 1980 is relied upon, is for the issues of disapplication of the limitation period, liability and causation to be tried together, in order to avoid the claimant having to give evidence twice, if the action were to be allowed to proceed outside the limitation period, per McCombe LJ at paragraph 51 in London Borough of Haringey v FZO [2020] EWCA Civ 180.

In A v Hoare [2008] 1 AC 844 at paragraph 49, Lord Hoffman recognised that in considering the reason for the delay (one of the section 33 factors), the judge was required to give due weigh to evidence that the claimant was, for practical purposes, disabled from commencing proceedings by the psychological injuries he had suffered.