By David Greenwood
Until now, time limits have been the key battleground in child abuse claims, often used by those accused of abuse to argue cases should not be allowed to proceed. The law on time limits has been a real barrier to justice in our field.
The law as it stands states survivors have until age 21 to start a claim. If brought after this deadline a claimant has to prove the case would not cause a risk of substantial prejudice to a defendant. (Catholic Child Welfare Society v CD [2018 EWCA Civ 2342). Even before 2018 as child abuse lawyers we all had strong push back from our opponents who frankly have been winning. Now hopefully the tables will turn.
Legal decisions have made it extremely difficult for many survivors to have their voices heard in court. The odds are stacked against our deserving clients and thousands have effectively been denied justice. ACAL lawyers giving evidence to the IICSA inquiry reported they turned down around 60% of enquiries, mostly due to time limit difficulties.
The removal of these restrictive time limits laws will be a lifeline for survivors who, until now, may have felt locked out of the legal system. Many individuals who experienced abuse struggle with their trauma for years or even decades. Many have simply stayed silent rather than risk an uphill battle. This change may provide hope.
Here’s what the Government announcement actually said:
The three-year time limit for victims to bring personal injury claims will be removed. So will the burden of proof that currently rests on victims’ shoulders, who must prove it is possible to hold a fair trial for one to go ahead. Now, that burden is lifted off victims and placed on defendants, who must show a fair trial cannot proceed if they intend to block one. This will enable cases to be heard more easily, and protect victims from reliving their trauma.
This suggests the starting point for cases affected will be there is no time limit. That would be good.
It also suggests that cases previously turned down can be revisited. Justice for survivors of abuse should not have an expiry date and the removal of the previous regime acknowledges the long term impact of abuse and the courage it takes for survivors to come forward. Our clients may now stand a much better chance of securing justice and accountability.
ACAL will keep a close eye on the legislation and make sure the final bill is as strong as it can be.
David Greenwood
March 2025