 The sky's the limit
Only two years after qualifying, Kathy Perrin, solicitor and former trainee at Hill Dickinson, played a significant part in a case heard at the House of Lords. Here Kathy talks about her experience of taking the career-defining step from trainee solicitor to reaching the highest court in the land.
In early 2008, I was lucky enough to experience something relatively few lawyers do – taking a case to the House of Lords. We achieved a landmark judgment when the Law Lords accepted our submissions regarding the time limits that claimants have to issue proceedings in historical child abuse cases.
Hill Dickinson was initially instructed five years ago by our client, Catholic Care, to defend the claim of historical child abuse. As a trainee in the Insurance Practice Group, I had exposure to the developing area of abuse claims, and whilst I was a trainee, Hill Dickinson was successful at the first limitation hearing.
After qualifying into the Insurance Practice Group, I became increasingly involved in the case, reporting to my Supervising Partner, Jason Spencer. The claim eventually proceeded to the House of Lords.
The issue
The case, Young v Catholic Care, raised issues relating to the application of limitation periods to claims for historical child abuse. Young claimed to have suffered sexual abuse while in the care of Catholic Care in Leeds but did not issue his claim until 2003, over 20 years after the expiry of the primary limitation period.
The key issue for the House of Lords to decide was whether a claimant's date of knowledge should be determined objectively or subjectively.
Previously, Courts had determined claimants' dates of knowledge subjectively resulting in the position that many claimants were allowed to pursue claims up to 30 years or more outside the primary limitation period. This was based on psychosocial factors such as shame, fear of disbelief and embarrassment that they said prevented them from issuing a claim any earlier.
The judgment
The House of Lords accepted our submissions and ruled that the date of knowledge test under section 14 of the Limitation Act 1980 should be a wholly objective test and that the limitation period runs from when a claimant has knowledge that he has suffered a significant injury, not from when he could have been expected to act upon that knowledge. A claimant's personal characteristics and psychosocial reasons for delaying in bringing a claim are not to be taken into account. Young's claim was therefore declared to be statute-barred under section 14.
Our success on section 14 means that most claimants who have been subjected to serious abuse will have to issue proceedings within the primary limitation period, i.e. by their 21st birthday.
Future cases will be decided on the basis of the judicial discretion under section 33 of the Act to disapply the limitation period. We’re waiting with interest to see how the Courts will approach the exercise of this discretion.
Career defining
There was a lot of media interest in the legal implications of the ruling, and my Supervising Partner was happy for me to raise my profile. I was quoted in The Times and the regional press, and also wrote an article for The Lawyer.
It is a big achievement for me and it is satisfying to think that I have been part of a team that has sought to clarify the law in England and Wales in this area.
My Supervising Partner, who I reported to and who supported me throughout the case, was Jason Spencer, Head of Hill Dickinson’s Insurance Practice Group. He commented: “We had been aiming for years to achieve a definitive ruling on limitation in historical child abuse claims. The decision is potentially groundbreaking and may affect not only child abuse claims, but could also impact upon other areas of litigation, such as disease claims.”
I now divide my time between our Liverpool and Manchester offices and act as part of a team for major insurers in child abuse claims. I represent charities, schools and social services. I also give training to lay and insurer clients, as well as brokers, on the law relating to historical child abuse claims and for one client I have drafted best practice guidelines for responding to allegations of child abuse.
A case like this is career changing and demonstrates the career opportunities available from working for a well established national law firm with a considerable client base.
Kathy Perrin
Solicitor, Hill Dickinson LLP
For more information about Hill Dickinson and our graduate trainee process and programme, contact Emma McAvinchey on 0151 600 8183 or emma.mcavinchey@hilldickinson.com, or visit www.hilldickinson.com.
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