Dismissal of sexual abuse claim reversed despite delay and defendant’s death

The Court of Appeal has allowed an appeal from the the High Court, and set aside the dismissal of a sexual abuse claim, despite the significant delay in bringing the case to trial and the death of the defendant. The plaintiff, a retired consultant ophthalmic surgeon, alleged that he was sexually assaulted by his father in 1981. The defendant's recent death and the plaintiff's delay in reporting the abuse, attributed to psychological trauma, raised questions about the fairness of a trial. The court found that the delay until 2017 was due to the plaintiff's impairment caused by the abuse, and thus the responsibility of the defendant. The court held that the defendant could not rely on this delay to seek dismissal of the claim. The case was remitted to the High Court for expedited case management and trial, emphasizing the constitutional imperative for a trial on the merits.