Constructive knowledge

A v Wirral Metropolitan Borough Council [2008] EWCA Civ 783

The claimant had suffered extensive sexual abuse in his childhood, including anal rape, while resident in a care home managed by his local authority. He did not commence proceedings until he was aged 46, because he had withheld these experiences until his mother died. The judge held that the claimant had not known that his psychological condition was significant and attributable until much later and therefore his claim was actionable.