The recovery of damages from abusers

Upon conclusion of a claim for damages for the consequences of sexual abuse, an organisation which has been held vicariously liable for the perpetrator of the abuse should give consideration to the possible recovery of all or a contribution to the paid damages and costs from the abuser pursuant to the Civil Liability (Contribution) Act 1978.

The above Act allows defendants to pursue the individual guilty of the wrongdoing for damages and costs within the limitation period of two years once the original claim has concluded (either from the date judgment was given or damages agreed). The right to recover from the abuser is provided regardless of whether the recovering party were held liable or admitted liability in the original action.

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Accountability and reparations for victims and survivors of abuse

The second preliminary took place on 25 September in preparation for the three weeks of public hearings due to start on 26 November 2018.

In the Inquiry’s words: This investigation focuses on the support services and legal remedies available to victims and survivors of child sexual abuse. It responds to multiple reports of inadequate support services, obstructive insurance companies and a civil justice system that may not deliver genuine reparation.

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Scottish Chair Resigns

The Chair of the Scottish Child Abuse Inquiry, Susan O’Brien QC has resigned. The Deputy First Minister has written to parliament advising he had already initiated a formal process which could have led to removal of the chair from her post. Continue reading

Accountability & Reparation Investigation begins

The IICSA has now called for applications for core participant status for the accountability and reparations investigation. Applications have to be made by 1 July. The specific case studies to be considered were initially North Wales Children’s Homes and Forde Park Approved School; they have now been joined by St Leonard’s Children’s Home and St Aidan’s and St Vincent’s Children’s Homes.

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