Historical child abuse cases should remain under time-bar regime says Faculty

Scottish Legal News

The Faculty of Advocates has announced its opposition to plans by the Scottish government to end the three-year time limit on the raising of damages actions by survivors of historical child abuse.

“In our view, any waiver of the limitation regime in relation to such claims ought to be made on a case-by-case basis, as at present,” said the Faculty.

“We do not agree that the current regime invariably leads to a pursuer’s case failing…However, it does permit the fairness to both parties of allowing a case to proceed to be scrutinised and assessed.”

As part of an announcement in May that Susan O’Brien QC, had been appointed to chair a national public inquiry into historical abuse of children in care, the Scottish government said it intended to remove the three-year limitation period from damages actions by survivors for abuse after 26 September, 1964.

Ministers said in a consultation paper that they were of the view that victims of child abuse should not have to demonstrate to the court that they had a right to raise litigation before the case could proceed.

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