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Association of Personal Injury Lawyers

“Inappropriate” time bar for historical child abuse claims to be abolished

14 Mar 2016
APIL news

Lawyers have welcomed clarity and more certainty for victims of child abuse as the Scottish Government announces it intends to lift the limitation period for personal injury actions against abusers.

“The Scottish Government has taken the only fair and ethical decision on this issue,” said Gordon Dalyell, Scottish representative of not-for-profit campaign group the Association of Personal Injury Lawyers (APIL). “The limitation period was entirely inappropriate for child abuse claims. This announcement finally acknowledges that it can take a long time for someone to recognise how the course of his or her life has been affected by the abuse endured as a child.”

APIL responded to the Scottish Government’s consultation on removing the limit imposed on victims of child abuse bringing claims for compensation against their abusers. Victims had to make a claim within three years of either the abuse taking place or by his or her 19th birthday.

“Trauma and shame,as well as mistrust in the authorities, can hold back victims of neglect, physical, sexual and emotional abuse from pursuing their tormentors for recompense. For victims to be willing to go through the ordeal of proving their case and then to be told that they were not quick enough to act would have been devastating. It was often a barrier to justice.

“But the changes announced today will be implemented retrospectively, so in addition to  those have not claimed before, those who previously dared to try to bring a case only to find themselves out of time will finally have their chance to bring it again,” said Mr Dalyell. 

-ends-

Notes to editors:

  • ·        The Scottish Government’s full response to its consultation Removal of the 3 year limitation period from civil actions for damages for personal injury for in care survivors of historical child abuse is here: http://www.gov.scot/Resource/0049/00496566.pdf

            APIL’s response to the consultation is here:

    http://www.apil.org.uk/files/pdf/ConsultationDocuments/3162.pdf

  • APIL (Association of Personal Injury Lawyers) is a not-for-profit organisation whose members are dedicated to campaigning for improvements in the law to help people who are injured or become ill through no fault of their own.
  • For more information contact APIL's press and communications officer Jane Hartwell on t: 0115 943 5416, m: 07808 768623, e: jane.hartwell@apil.org.uk, or assistant press and communications officer Lizzy Freeman on t: 0115943 5431 or e: lizzy.freeman@apil.org.uk.  
  • Visit the association's website at www.apil.org.uk.
  • •Follow @APIL on Twitter: www.twitter.com/APIL.

Past press releases

Government abandons full compensation for injured people, 23 Oct 2018
Extra pressure on NHS if Civil Liability Bill goes ahead, 03 Sep 2018
Bereaved relatives deserve fairness, 31 Aug 2018
Cut whiplash injuries with the headrest test, 15 Aug 2018
Grieving parents of stillborn babies fight for answers, 22 Jun 2018
Lawyers call for outright ban on cold calling for personal injury in Scotland, 01 Jun 2018
APIL, FOIL and MASS join forces for mediation project, 29 May 2018
Grieving relatives cruelly ignored by justice system, 27 Apr 2018

More past press releases

Head of Public Affairs
Lorraine Gwinnutt
0115 943 5400
lorraine.gwinnutt@apil.org.uk

Communications Manager
Jane Hartwell
0115 943 5416
jane.hartwell@apil.org.uk

Press & Communications Officer
Lizzy Freeman
0115 943 5431
lizzy.freeman@apil.org.uk