Limitation In Sexual Abuse Claims To Be Removed

Helen Froggatt

The Limitation Act 1980 provides that, in most personal injury cases, a Claimant must issue Court proceedings within three years of the date of the incident, three years from the date of knowledge or if the Claimant was a child at the time of the abuse, three years from the date the Claimant reaches the age of eighteen.

However, victims and survivors of childhood sexual abuse are very often unable to speak about the abuse for many years, sometimes even decades, preferring to bury the traumatic memories. This means that they are at a considerable disadvantage when they try to bring a claim many years later if the Defendant raises limitation as a defence to the claim or threatens to.

The Limitation Act provides the Court with the discretion to waive the three years time limit but this involves the Claimant making an application to the Court, the outcome of which is often difficult to predict. This creates uncertainty, which may cause a Claimant, to be unable to pursue a claim at all or to settle for a reduced figure in compensation to take into account the litigation risk of proceeding.

Therefore, limitation presents a barrier to justice for victims and survivors of sexual abuse.

One of the recommendations made in the final report of the Independent Inquiry Into Child Sexual Abuse (IICSA) relates to the issue of limitation. The Report can be found here.

Recommendations made in the report

The Inquiry recognised that the current regime was not designed with the needs of victims and survivors of child abuse in mind. Therefore, the Inquiry has recommended that the UK Government makes the necessary changes to the legislation to ensure that the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse is removed.

The Inquiry recommends that the burden should fall on the Defendant to show that a fair trial is not possible rather than the Claimant having to explain and justify why he/she has delayed bringing the claim. However, the new provisions will not apply where a claim has already been dismissed by a Court or settled by agreement, nor will they apply to claims brought on behalf of victims and survivors’ estates.

The Inquiry expects the UK and Welsh Governments to act upon its recommendations promptly and therefore, we hope that it will not be too long before this significant barrier to access to justice for victims and survivors of sexual abuse is removed.

Dianne Collins

How can we help?

If you suffered abuse, even if it was a long time ago, in an institution or foster care you may be able to make a claim. If you would like confidential, free advice on whether you can claim compensation, please contact Dianne Collins (Senior Associate) or Helen Froggatt (Senior Associate) from our expert Personal Injury team on 0800 024 1976 or via our online enquiry form.

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