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A v Hoare
''A v Hoare'', () UKHL 6,〔(''A v Hoare'' )〕 is a leading tort case decided by the House of Lords. Their Lordships held that the limitation period for actions founded on torts of negligence may be disapplied where it is inequitable to enforce it. This case centred on the wording of the Limitation Act 1980,〔(Limitation Act 1980 )〕 which created an exception to the three year limitation period for 'any action for damages for negligence, nuisance or breach of duty.' In the earlier case, ''Stubbings v Webb'' () AC 498, S v W () FLR 862, the words 'negligence, nuisance or breach of duty' were construed in such a way as to exclude sexual assault. ''Stubbings v Webb'' was criticised as being unfair to claimants, notably by the Law Commission.〔(Law Commission Consultation Paper 151 )〕 ''A v Hoare'' overruled the judgment of the House of Lords in ''Stubbings v Webb'' in favour of what the judges considered to be a fairer approach.
==Facts==
"In A v Hoare the defendant was convicted in 1989 of an attempted rape of the claimant, involving a serious and traumatic sexual assault; he was sentenced to life imprisonment. In 2004, while still serving his sentence, he won £7m on the national lottery. The claimant started proceedings for damages on 22 December 2004 but Master Eyre, applying Stubbings, struck out the action as barred under section 2 of the 1980 Act. This decision was affirmed by the judge and the Court of Appeal () 1 WLR 2320."〔(per Lord Hoffmann at para 26 )〕
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