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23 February 2026
Issue: 8151 / Categories: Legal News , Abuse , Criminal , Personal injury , Limitation , Human rights
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APIL sees off ‘substantial prejudice’ defence

Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped

Clause 87 of the Crime and Policing Bill removed the current three-year limitation period for claims brought by victims and survivors, implementing a recommendation of the Independent Inquiry into Child Sexual Abuse (IICSA). The clause did this by creating a new s 11ZB in the Limitation Act 1980, under which an action could be dismissed if the defendant could satisfy the court that allowing it to continue would cause them ‘substantial prejudice’.

However, the Association of Personal Injury Lawyers (APIL) warned this would give defendants in some child sexual abuse civil cases an extra legal route to force proceedings to be dropped. APIL argued the proposed defence was unnecessary and would cause delays and additional trauma to victims. The defence was not part of the IICSA recommendations.

The government informed peers this week it is dropping the ‘substantial prejudice’ defence from the clause. The Bill returns to the House of Lords for scrutiny next week.

Kim Harrison, immediate past president of APIL, said: ‘We are relieved the government has listened to survivors of abuse and campaign organisations like APIL and decided not to go ahead with this totally unwarranted extra protection for defendants.

‘Victims of abuse have lived through unimaginable horrors and it takes a lot for survivors to speak out. They should not be forced to endure needless anguish when they turn to the courts for help.

‘We lobbied peers explaining that there is already sufficient protection for defendants as courts can dismiss a case if it is not possible for them to receive a fair trial, as is their right under Art 6 of the European Convention on Human Rights. It would have been completely unjust for survivors of abuse had this extra defence been included in the legislation. It would have led to needless delays and the collapse of some cases.’

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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