Court of Appeal overturns ‘same roof’ rule in claims to the CICA

The Court of Appeal have unanimously declared the ‘same roof’ rule incompatible with article 14 of the European Convention on Human Rights (“the Convention”) and opened the way to compensation claims from victims of abuse perpetrated by family members living together before October 1979. Continue reading

Media reporting and abuse investigation

The decision to award Sir Cliff Richard a significant sum for a breach of his right to privacy comes at a moment when issues of false allegations and the way sexual assault cases are to be investigated and prosecuted is to the fore in any event.  Continue reading

Harassment and sexual misconduct scandals at law firms

The #MeToo movement gained significant international attention following allegations of sexual assault and harassment by some of Hollywood’s stars. Following these revelations more prominence has been given to investigating and addressing harassment and sexual assault allegations especially within the workplace. As with many professions and industries allegations relating to the legal profession are coming to light. Continue reading

Various Claimants v Barclays Bank PLC in the Court of Appeal – confirmation of incursion of the defence of the Independent Contractor

The Court of Appeal has unanimously endorsed the approach taken at first instance in finding Barclays Bank (‘the Bank’) vicariously liable for the sexual assaults of a doctor retained to conduct pre-employment medical examinations of prospective employees.   The Bank’s defence that the doctor was an independent contractor was once again rejected.   Continue reading

Inquiry Updates – Scotland, England and Wales

Scotland

Phase 2 of the public hearings at the Scottish Child Abuse Inquiry drew to a close last week and the Chair, Lady Smith, took the opportunity to review what it had achieved to date and to outline the next steps of the inquiry’s work. Continue reading

Update on the Australian National Redress Scheme

On the 19 June the Australian Parliament passed legislation to establish the National Redress Scheme for survivors of institutional child sexual abuse, ensuring the scheme can begin on 1 July 2018. Continue reading

Ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (‘the Lanzarote Convention’)

Last month we looked at the recommendation from IICSA’s interim report that the UK government ratify the Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (‘the Lanzarote Convention’).  This week the Home Office has confirmed ratification on 20 June and the convention will come into force on 1 October 2018. Continue reading