The Catholic Child Welfare Society (Diocese of Middlesbrough) v CD [2018] EWCA Civ 2342
 
 
In CD, a child abuse claim that had been part of the original group action in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, the Court of Appeal overturned the decision of the trial judge to disapply limitation. The court had concerns about deficiencies in the Claimant’s case, similar to that expressed by the Nicol J in
Murray v Devenish
 

• The cause of action in relation to the sexual assault accrued in July 1990 but CD did not reveal the nature of the allegation that he wished to make until February 2014, and even then in the tersest of terms. By that time the litigation had been ongoing for many years, and CD had had the benefit of legal advice since 2005.

 

• In the period since July 1990 the Defendants had lost touch with potentially highly relevant witnesses. 

 

• CD's complaint was uncorroborated, came out of the blue in 2014, contradicted previous statements; and was at variance with contemporaneous documents. On the judge's own findings, the cogency of CD's evidence was itself affected by the passage of time.
• Although the trial judge awarded CD a "modest allowance" for minor physical assaults, it would not be proportionate to disapply the limitation period on that account.