Removal of limitation period in child sexual abuse cases

The amendment will amend the following Clause—

“Removal of limitation period in child sexual abuse cases
(1) The Limitation Act 1980 is amended as follows.

(2) After section 11 insert—

“11ZA Actions in respect of personal injuries attributable to child sexual abuse
(1) None of the time limits given in the preceding provisions of this Act apply to an action to which this section applies.
(2) This section applies to any action for damages for 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) which meets conditions 1 to 3.
(3) Condition 1 is that the damages claimed by the claimant consist of or include damages in respect of personal injuries to the claimant.
(4) Condition 2 is that the claimant was under 18 on the date on which the cause of action accrued.
(5) Condition 3 is that the act or omission to which the claimant’s personal injuries were attributable constituted sexual abuse.
(6) This section applies in relation to actions brought, and causes of action accrued, before (as well as after) this section comes into force.
(7) But it does not apply in relation to a claim which, before this section comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal).
(8) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.
(9) This section 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.

11ZB Dismissal of actions in respect of personal injuries attributable to child sexual abuse
(1) This section applies where an action to which section 11ZA applies is brought after the expiration of the time limit that would apply but for that section (disregarding the possibility of the time limit being disapplied under section 33).
(2) The court must dismiss the action if the defendant satisfies the court that it is not possible for a fair hearing to take place.
(3) The court must also dismiss the action if—
(a) the action was begun, or the cause of action accrued, before section 11ZA came into force,
(b) the defendant satisfies the court that, because of the application of section 11ZA, there would be substantial prejudice to the defendant if the action were to proceed, and
(c) having regard to that prejudice, and the prejudice to the claimant if the action is dismissed, the court is satisfied that it would not be equitable to allow the action to proceed.
(4) In this section “the court” means the court in which the action has been brought.”

(3) In section 12 (special time limit for actions under Fatal Accidents legislation) after subsection (1) insert— 
“(1A) An action under the Fatal Accidents Act 1976 may not be brought if—
(a) section 11ZA would have applied to an action by the person injured to recover damages in respect of the injury, and
(b) the death occurred after the expiration of the time limit that would have applied but for that section (disregarding the possibility of that time limit being overridden under section 33).”

(4) In section 14B(1) (overriding time limit for negligence actions) after “section 11” insert “or 11ZA”.”