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Pageimage Casestudies Section

Social services

Client: Wirral MBC (HBL v Wirral MBC [2011] QBD)

Issue / Claim: Historical social services claim based on an alleged failure to remove the claimant from a neglectful family home.

Weightmans' investigation and action: We successfully argued for a preliminary trial on limitation on the basis the claim was 18 years out of time. The council's case was then focussed on defeating the case on this point to avoid the potential for further costly litigation.

Result: The limitation period was not extended and the claim was therefore struck out. Although all the social service records were available, the council was prejudiced by the inability to locate and obtain evidence from witnesses. The judgment is a helpful one for local authorities in this difficult area of law.

Andrew Cooper
"The judgment is a helpful one for local authorities in this difficult area of law."

Andrew Cooper