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Albonetti v Wirral Metropolitan Borough Council [2008] EWCA Civ 783 (04 July 2008)

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Rape a Significant Injury for Limitation Purposes:It was held that, in considering the date of knowledge for the purposes of section 14 of the Limitation Act 1980, the injury in question refers to an injury the claimant knew about at the material time. The injury suffered by the Claimant who had been raped was the immediate effect of that act, namely the pain, distress and humiliation suffered. The Court of Appeal held that a person who has been raped, whether vaginally or anally, must know that in addition to having suffered a grave wrong they had also suffered a significant injury. It could not be accepted that if the claimant had consulted a solicitor within limitation they would not have been advised to pursue a claim for personal injury.

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