In the earlier case, Stubbings v Webb [1993] AC 498, S v W [1995] FLR 862, the words "negligence, nuisance or breach of duty" were construed in such a way as to exclude sexual assault.
The judgment summarized the facts as follows: "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.
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.
"[4] The perpetrator, Iorworth Hoare, a British national from Leeds, had previously been convicted of a series of sex attacks between 1973 and 1987, for which he had received prison sentences totalling 18 years.
[9] The House of Lords held that the words "negligence, nuisance or breach of duty" could be construed to include sexual assault and thus bring them within the s33 discretion to disapply the limitation period for claims.