Scottish Ministers have set 4 October 2017 as the appointed day on which the Limitation (Childhood Abuse) (Scotland) Act will come into force.
From 4 October, the three year limitation rule will be abolished, with retrospective effect, in respect of injury cases, whether physical, psychological or both, arising from childhood abuse. The Act will apply if the abuse started before a person reached the age of 18. Abuse is widely defined, on a non-exhaustive basis, as including sexual abuse, physical abuse, emotional abuse and abuse which takes the form of neglect. The onus will remain on the claimant to establish, on the balance of probabilities, a causative link between the abuse and the injury.
Safeguards are provided in the Act for defenders, in their entitlement to a “fair hearing” and to consideration of whether they will suffer “substantial prejudice” if the case proceeds, sufficient to outweigh the claimant’s interest.
Written by Frank Hughes and Siobhan Kelly, BLM