Channel 4 News
August 27 2010
http://www.channel4.com/news/articles/uk/man+wins+appeal+in+child+abuse+case/3755177
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A 52-year-old can go ahead with his court case against a Jesuit school where he claims he was abused. Channel 4 news hears that child abuse cases are often tried outside the legal time limit.
Patrick Raggett claimed he was subjected to years of sexual abuse by a teacher at Preston Catholic College in Lancashire, which has since closed down.
He alleged that he was measured "to chart his growth" while he was naked, filmed performing exercises, photographed and touched inappropriately by Father Michael Spencer, who died in 2000 aged 76.
The governors of the college, which closed in 1978, denied liability and argued at a preliminary hearing at the High Court in London last year, that even if the abuse had occurred, the case should not proceed as it was brought outside the legal time limit. The law allows compensation claims to be brought up to three years after an incident happened, or after the claimant becomes 18 in cases involving a child.
However, Mrs Justice Swift ruled last year that the case could go ahead to full trial. At the Court of Appeal in London today, Lords Justices Mummery, Thomas and Toulson announced that they had dismissed the appeal by the governors against Mrs Justice Swift's decision.
Mr Raggett said outside court: "I am very pleased with the outcome and I remain resolute and confident that in the end justice will be achieved."
Richard Scorer, a solicitor from Pannone LLP in Manchester, who has represented claimants in child abuse cases against the Catholic church, told Channel 4 News: "Because of the nature of child abuse, the shame and secrecy which surrounds it, it is unusual for children to make claims before they are 21.
"It is normal when there is an allegation of child abuse for a judge to allow a case to continue when it is beyond the legal time limit."
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