header-logo header-logo

15 October 2025
Issue: 8135 / Categories: Legal News , Abuse , Child law , Personal injury , Limitation
printer mail-detail

Bill risks trauma for abuse survivors

Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged

Under the Crime and Policing Bill, due for its second debate in the House of Lords this week, alleged abusers could get the case against them dismissed by convincing a judge they would suffer ‘substantial prejudice’ if proceedings were to go ahead. This creates an extra legal route for defendants to have the proceedings dropped.

However, the Association of Personal Injury Lawyers (APIL) warns the extra defence is ‘unnecessary’ and was not part of the detailed recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA). APIL says the government has not provided any justification for including the new defence or any explanation of what ‘substantial prejudice’ would entail.

Kim Harrison, former APIL president, who represented survivors at the IICSA, said the Bill ‘would scrap the current three-year time limit for survivors of abuse to bring a civil case for damages against their abusers, which is long overdue.

‘But inexplicably the government has added an unwarranted provision that would give defendants an extra layer of protection. It will cause unnecessary delays to cases and lead to the collapse of others, causing further trauma to survivors of abuse who have already lived through unimaginable horrors as a child.’

Harrison, who is head of abuse law, human rights and public inquiries at Slater and Gordon, said there is no need for the extra defence since defendants are already protected by the European Convention on Human Rights. Under Art 6, a judge can dismiss a claim if it is not possible for the defendant to receive a fair trial.

‘Peers must reject this overzealous extra defence which will make it even harder for survivors of abuse to receive justice,’ Harrison said.

Under current law in England and Wales, child abuse survivors must bring civil claims within three years of turning 18 years old—despite it taking an average of 24 to 27 years to be able to talk about it. Scrapping this time limit was one of the IICSA’s key recommendations.

Issue: 8135 / Categories: Legal News , Abuse , Child law , Personal injury , Limitation
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll