The Limitation (Childhood Abuse) (Scotland) Act 2017 comes into force today.
Previously, we have highlighted the Act’s retrospective effect in allowing claims arising from childhood abuse which happened after 26 September 1964 to be litigated without any time-bar impediment.
It is also worth emphasising the Act’s prospective application. Childhood abuse, which may be happening now or at any time in the future as well as after 1964, could give rise to litigation without any time-bar hurdle for the claimant to overcome, not only now but for all time coming. That should be borne in mind in the context of record-keeping, going forward, as well as to date.
On 28 July 2017, the Bill to retrospectively abolish limitation in cases of childhood abuse received Royal Assent. The Limitation (Childhood Abuse) (Scotland) Act 2017 is now, therefore, on the statute book.
The grant of Royal Assent does not, though, bring the provisions of the Act into force. Subsequent regulations by Scottish Ministers will do that. Present indications suggest that those may be produced this Autumn.
Written by Frank Hughes and Siobhan Kelly, partners at BLM
The Scottish Parliament has confirmed that it will debate the Limitation Abolition Bill, at Stage 1, in the afternoon of Thursday 27 April.
In other news, the Scottish Child Abuse Inquiry, whose cost from its set-up on 1 October 2015 to 31 March 2017 has recently been confirmed at over £5.7m, has now set the timetable for Phase 1 of its Public Hearings. Commencing on 31 May there are evidence sessions scheduled to 9 June covering: Continue reading