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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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