The decision to remove the three-year primary limitation period for claims arising from child sexual abuse has been welcomed by abuse survivors, Richard Scorer, head of abuse law and public inquiries at Slater & Gordon, writes in this week’s NLJ.
Scorer says the change, a key recommendation of the Independent Inquiry into Child Sexual Abuse, is ‘long overdue’. He writes: ‘Once legislation is passed, there will be no time limit for civil claims. A defendant will still be able to secure a stay of proceedings if it can satisfy the court that a fair trial is impossible—but the burden of persuading the court will rest on the defendant.’
Scorer explains why limitation has been a major obstacle to justice, what the change will mean, and why limitation may need to be removed for a wider category of abuse claims than at present.RELATED ARTICLES
