Government's updated response on the removal of limitation in child sexual abuse claims

Yesterday the UK Government announced that the Crime and Policing Bill currently going through the Commons will be amended to remove the current three-year time limit for victims and survivors of child sexual abuse to bring personal injury claims.

The proposed wording of the legislative provisions to remove the limitation period in child sexual abuse cases can be found at pages 6 to 9 of the Crime and Policing Bill (Amendment Paper).

For ease you can click here to access the wording extracted from the notice of amendments as there are many other changes also included in the latest notice.

In essence the limitation removal is along the lines of what has previously been indicated: -

• Cause of action occurs when claimant under age 18.
• Involve sexual abuse only – although no definition is provided as to what will constitute sexual abuse.
• Applies whether action already commenced or not but does not apply if a claim already settled by agreement between the parties or order of the court – this does provide clarification as prior comments on settlement were ambiguous.
• Applies where cause of action arises from “negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision)” – it seems likely that this is an attempt to ensure that an argument as we saw with the Compensation Act that it does not apply to Vicarious Liability for assault (referenced as nuisance) cannot be raised.
• Does not apply to a claim under Section 3 of the Protection from Harassment Act 1997 – that is a new addition and had not been discussed previously.

• It does not apply to a cause of action surviving for the benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934, except where an action was brought by the person before the person’s death.

• Defendants can argue fair trial not possible/substantial prejudice.
• Circumstances where it also applies to Fatal Act claims are also outlined.

Once the bill gains royal assent then the clause, in whatever its final format is, will come into effect two months later.

Amendments will be considered by the House of Commons on 17 June.

There is no date at present for the third reading, and there after the matter will have to go to the House of Lords.

There is a lot in the bill generally over and above the proposed wording of the legislative provisions to remove the limitation period in child sexual abuse cases so the provisions won’t be introduced imminently but this is certainly a significant development in the Government’s commitment to remove limitation in child sexual abuse claims.

Clyde & Co are specialists in dealing with Abuse and Neglect claims, and we closely monitor developments around this topic. For more on this subject, you can read all of our previous articles here, and you can also access our Abuse and Neglect blog channel here.

If you have any questions about this topic you can contact Paula Jefferson, Sharon Moohan or any of our Abuse and Neglect team.