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Handle with kid gloves

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

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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