James Weston successfully defends local authority in first case to consider new limitation regime for childhood sexual abuse claims.

James Weston defended the Isle of Wight Council in a claim for historic sexual and physical abuse. The claim was dismissed by Ms Justice Obi. Within the judgment the court considered the new regime for childhood sexual abuse claims under ss.11ZA and 11ZB Limitation Act 1980, which came into force on 29 June 2026. It is the first case to consider the new provisions. The Claimant submitted that allegations of physical abuse should be considered under s.11ZA in circumstances where a claim for childhood sexual abuse was also included in the proceedings. The Claimant relied upon previous authority relating to s.11 Limitation Act, which found that the entirety of mixed claims, including non-personal injury causes of action, should be considered under s.11 if part of the claim was for personal injury. Ms Justice Obi, however, disagreed with the Claimant’s argument. Parliament had not intended the new provision to extend beyond childhood sexual abuse claims. The wording of s.11ZA differed from s11 in important respects.

You can read more about the judgement here.

Please see paragraphs 86 to 98. 

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