PI lawyers back lifting of time bar for child abuse claims

The three year time bar for bringing a personal injuries claim in Scotland should be lifted in relation to victims of historical child abuse, according to the Association of Personal Injury Lawyers.

In its response to the Scottish Government consultation on proposals to remove the limitation period for child abuse cases, APIL claims the present rule leads to unfairness in such cases, even though where a child is concerned, time does not start to run until they reach the age of 16.

Ministers are proposing to allow claims for incidents going back as far as September 1964, but not for earlier acts for which liability has already been completely extinguished in law.

APIL's spokesperson in Scotland, Gordon Dalyell, described the rule as "wholly unfair given the sensitive nature of the circumstances”.

He commented: “At the time of the abuse the victim would have been young, vulnerable, and may not have realised that what was happening was wrong. 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. They also may have repressed memories which surface later in life after suffering sexual, physical or psychological trauma. The law needs to recognise the reasons why victims do not always come forward to make claims sooner, and make provisions for them.”

Although judges have a discretion to waive the three year time limit, Mr Dalyell said this is rarely exercised.

“To lift the limitation period would introduce clarity and certainty for victims and the courts", he added. "It is also likely that more cases will settle out of court as the complication of limitation issues will no longer have to be dealt with.

“But ultimately it is only right in a fair and just society that victims should have the chance for their cases to be heard, no matter how much time has passed.”

Click here for a report on the consultation. Responses are due by this Friday, 18 September.