Sexual abuse claim proceeds despite delay attributed to alleged wrongdoing by defendant

The Court of Appeal has allowed an appeal against the High Court's dismissal of a sexual abuse claim, ruling that the case should proceed to trial despite delays. The original court had dismissed the proceedings on the basis that the delay in bringing the case to trial had resulted in a real and serious risk of an unfair trial. However, the Court of Appeal found that the plaintiff's delay in initiating the case was due to an impairment caused by the alleged abuse, and therefore the defendant could not rely on this delay to seek dismissal. The court emphasised the constitutional imperative of a trial on the merits and remitted the case for expedited trial management in the High Court.