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A not-for-profit organisation
committed to injured people
A not-for-profit organisation
committed to injured people

Law change would put justice for child sex abuse victims at risk

14 Oct 2025
APIL news

Plans to give defendants in child sexual abuse civil cases a new legal route to have the proceedings against them dropped will traumatise victims further, lawyers have warned.

 

Legislation is being considered by Parliament which would give alleged abusers a new defence to get the case against them dismissed by convincing a judge that they would suffer ‘substantial prejudice’ if proceedings were to go ahead.

 

“The Crime and Policing 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,” said Kim Harrison from the Association of Personal Injury Lawyers (APIL).

 

“The Bill will already provide sufficient protection for defendants as courts can dismiss a claim if it is not possible for the defendant to receive a fair trial, as is their right under Article 6 of the European Convention on Human Rights.”

 

“This unnecessary extra defence of ‘substantial prejudice’ was not part of the detailed recommendations made by the Independent Inquiry into Child Sexual Abuse (IICSA), unlike the crucial measures to lift the time limit in England and Wales. There’s been no justification for including this new defence, and no explanation of what ‘substantial prejudice’ would entail,” said Kim.

 

“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,” said Kim,” who represented many survivors at the national inquiry.

 

APIL has briefed peers ahead of the Bill’s first debate in the House of Lords on Thursday 16 October.

 

“Peers must reject this overzealous extra defence which will make it even harder for survivors of abuse to receive justice,” added Kim.

 

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Notes to editors:

  • The Association of Personal Injury Lawyers (APIL) is a not-for-profit campaign organisation formed in 1990. Members are like-minded professional personal injury lawyers who are committed to protecting the rights of victims of negligence. Members, who include solicitors, barristers and legal executives, are dedicated to securing access to justice for all who need it, and to turning around the lives of people seriously injured due to the negligence of others.
  • Link to APIL press release on three-year time limit in civil child sexual abuse cases.
  • Any queries should be directed to APIL’s press and communications officer Julie Crouch on 07808 768623, [email protected], or communications manager Jane Hartwell 07541 490 988 [email protected].
  • Click here to visit the APIL website. Follow APIL: @apiluk on Bluesky; @APIL on X, @injuredpeople on Instagram, and on LinkedIn

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